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1. The part of the lawsuit in this case seeking damages equivalent to attorney fees shall be dismissed.
2. The defendant shall be the plaintiff.
Reasons
1. Basic facts
A. The status B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) is a company that constructs a main complex building (hereinafter “instant building”) on the land outside Seo-gu Daejeon, Seo-gu, Daejeon and one parcel. The Plaintiff is a contractor who was awarded a contract with Nonparty Co., Ltd. on June 2009 for construction of the instant building.
B. On November 1, 2010, the Defendant lent KRW 15 million to D, which was a de facto representative of the non-party company, on November 1, 2010. D is the power of attorney to delegate the authority to prepare a notarial deed to the Defendant upon the Defendant’s request for security (hereinafter “instant power of attorney”).
(2) On February 1, 2011, the Defendant arbitrarily supplemented the public disturbance by stating “3.565 billion won” in the debt amount column of the instant power of attorney, and drafted a notarial deed of debt repayment contract with “Defendant” and “debtor D, etc.” (hereinafter “notarial deed of this case”) based on the said power of attorney.
The main contents of the above notarial deed are as follows:
The amount of notarial deeds under a repayment contract: 3.56 billion won (20 million won on December 4, 2004, KRW 500 million on January 21, 2005, KRW 80 billion on July 30, 2005, KRW 40 million on March 14, 2008, KRW 80 billion on July 8, 2009, KRW 120 million on August 11, 2009, KRW 15 million on November 21, 2010, KRW 300 million on the ground for and date of the notarial deeds: KRW 3.5 billion on a annually, KRW 30 billion on the notarial deeds (i.e., KRW 5 million on the notarial deeds) and KRW 605 billion on the notarial deeds (i.e., KRW 30 billion on the 30 billion on the 30th day on the 30th day on the 30th day on the notarial deeds).
(ii)each attachment of the claim for ownership transfer registration on the ground of termination of the trust held against the Seoul Central District Court (Seoul Central District Court 2011TTTT 3616, 38858, 2 non-party.