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1. A deed drawn up by C in February 23, 2005 by the defendant's notary public against the plaintiff, which was drawn up by C of the same law office in Chuncheon with the plaintiff.
Reasons
1. Facts of recognition;
A. D as a major shareholder holding 80% shares of the Plaintiff Company (48,000 shares) and appointed E as a representative director in the form of a representative director, and it, as a director, agreed on September 21, 2004 to transfer all the management rights of the Plaintiff Company, including the above shares, to KRW 1 billion while managing the Plaintiff Company.
B. However, after the conclusion of the above transfer contract, D had been set aside, and the Defendant, as a creditor of the Plaintiff Company, continued to maintain the representative director, paid a claim amount of KRW 300 million to G who applied for the auction of real estate auction (F) on the Plaintiff Company’s land and building as at the time of acquisition of the Plaintiff Company, and withdrawn the application for auction, and followed procedures such as paying the whole or part of the debt amount to the creditors of the company and receiving a written rejection of the waiver of the claim.
C. Since then, the defendant requested E to issue a promissory note equivalent to the indemnity claim and to prepare a notarial deed on the grounds that he subrogated to the plaintiff company's obligations. On February 23, 2005, E was prepared a notarial deed as stated in Paragraph (1) of this Article to the effect that, as the representative director of the plaintiff company, the plaintiff company's representative director of the plaintiff company, the issuer, the defendant, the par value 100 million won, the issue date, February 23, 2005, each of the issue date, Chuncheon City at the place of issue and payment, and a promissory note with the payment date at sight (hereinafter "the Promissory Notes in this case"), 10 billion won in total, and around that time, the plaintiff issued notarial deed as stated in Paragraph (1) of this Article to the effect that the plaintiff will accept compulsory execution at the time of the payment of the Promissory Notes in this case.
The defendant shall use the notarial deed of this case as the executive title, and shall receive the attachment and assignment order of the claim for construction price claim of 69,234,50 won, which the plaintiff holds against the Yang-gu District Court 2009, 2132 on July 20, 2009, and shall repay the debt.