(영문) 수원지방법원 2017.07.18 2016가단531658

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(영문) 수원지방법원 2017.07.18 2016가단531658

청구이의

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1. The Defendant’s notary public against the Plaintiff is based on the No. 525 bill of exchange (No. 525).

Reasons

1. Basic facts

A. On June 13, 2008, the Plaintiff registered the business in the name of “C” and operated the restaurant jointly with “C”.

B. On July 14, 2014, while the Plaintiff used money from the Defendant for a transaction of alcoholic beverages with the Defendant, the Plaintiff still remains as outstanding loans of KRW 19 million. However, the Plaintiff agreed to obtain a loan of KRW 30 million from the Defendant and delegated the Defendant’s employee D with the preparation of a notarial deed of promissory notes with face value of KRW 36 million (hereinafter “instant delegation of powers”). In doing so, the Plaintiff prepared a proxy letter via E (hereinafter “instant delegation”).

C. Based on the delegation of this case, D requested the preparation of a promissory note No. 525 on behalf of the Plaintiff, the joint guarantor, and the Defendant, at par value of KRW 36 million, issue date, July 14, 2014, and the Plaintiff and E. Accordingly, a notary public drafted a promissory note No. 525 on behalf of the Plaintiff and the Defendant.

(hereinafter referred to as the “notarial deed of this case,” and promissory notes attached to the notarial deed of this case are d.

In relation to the above loan transaction, the Plaintiff and the Defendant drafted a letter of non-interest loan agreement dated July 20, 2014, the main contents of which are the following (hereinafter “instant loan agreement”), and the Defendant jointly and severally guaranteed the obligations owed to the Defendant by E.

Article 2 (Amount of Loan) The amount of loan under this Agreement shall be 30 million won ( 30,000,000).

Article 4 (Period and Method of Repayment) 2014-08-25 through 2017-1-25 shall be repaid in cash in 30 installments each month.

Article 5 (Obligation to Pay Obligations before Due Date) Where any of the following causes occurs, it shall be deemed that the purpose of promoting mutual interests is in violation of the purpose of promoting mutual interests, and the validity of this Agreement shall be automatically lost, and the plaintiff shall immediately perform all obligations to the defendant:

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