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1. The defendant's notary public against A of social welfare foundation No. 545 delivered on July 6, 2006.
Reasons
1. Facts recognized;
A. A social welfare foundation A (hereinafter “A”) is a social welfare foundation that establishes and operates a welfare facility for the aged under the Welfare of the Aged Act with the authorization to establish a social welfare foundation around October 1956.
B. On July 6, 2006, A issued and delivered to the Defendant a promissory note amounting to KRW 116,850,000 at face value, and the due date September 20, 2006 at the request of A and the Defendant (hereinafter “instant promissory note”). On the same day, A and A drafted a notarial deed to recognize that there is no objection even if they are subject to compulsory execution when a notary public delays the payment of the instant promissory note amount under No. 545 of the D Legal Office No. 2006 at the request of A and the Defendant.
C. A was declared bankrupt on July 30, 2015 by the Incheon District Court 2014Hau1012, and the Plaintiff was appointed as a trustee in bankruptcy.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1-3 and 3, the purport of the whole pleadings
2. Determination
A. (1) The Plaintiff’s assertion (A) that the representative of the Plaintiff’s assertion A borrows money or issued bills without a resolution of the board of directors is invalid. Therefore, compulsory execution based on the Notarial Deed of this case should be denied.
(B) The defendant's assertion that the bill of this case was issued with the bill of this case since the defendant lent the amount equivalent to the face value of the bill of this case to A and the bill of this case was issued as a security.
(2) Except as otherwise provided in this Act, with respect to corporations under Article 32 of the former Social Welfare Services Act (amended by Act No. 8655 of Oct. 17, 2007), the Civil Act and the Act on the Establishment and Operation of Public Interest Corporations shall apply mutatis mutandis.
Article 7 (Functions of Board of Directors) (1) The Council shall deliberate and decide on the following matters:
1. The budget, settlement of accounts, and loans of the public-service corporation;