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(영문) 서울동부지방법원 2020.02.05 2019가단113520
청구이의
Text

1. The Defendant’s notary public against the Plaintiff No. 10 of the 2013 deed that C prepared on January 9, 2013 by the law firm C.

Reasons

1. Basic facts

A. On January 9, 2013, Nonparty D entrusted the preparation of a notarial deed to a law firm by a notary public on behalf of the Plaintiff, and the attorney-at-law in charge of authentication in charge of authentication in this case shall be “A joint and several surety and E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”)” under Article 10 of the 2013 Deed, and D, on January 4, 2013, set the maturity period of KRW 60 million from the Defendant on February 1, 2013, at 30% per annum, and at 20% per annum, borrowed from the Defendant on February 1, 2013, and at 20% per annum. In the event of nonperformance of the above obligation, Nonparty D, as soon as compulsory execution, shall be recognized that there is no objection.

B. The instant notarial deed is accompanied by a power of attorney (hereinafter “instant power of attorney”) on February 1, 2013, stating “A” in the name column and address column of the Plaintiff’s delegate, stating “F apartment G in Gwangjin-gu Seoul Special Metropolitan City,” and attached the Plaintiff’s certificate of personal seal impression issued on January 9, 2013. The instant notarial deed is accompanied by a letter of attorney (hereinafter “instant power of attorney”) stating that “A” and “F apartment G in Seoul Special Metropolitan City, Seoul Special Metropolitan City,” and affixed the Plaintiff’s seal on January 9, 2013.”

C. Based on the original copy of the instant notarial deed, the Defendant applied for a seizure and collection order (Seoul Eastern District Court 2019TTT197) with respect to the claim amounting to KRW 132,00,000 for the Plaintiff’s deposit claim against H, etc. based on the original copy of the instant notarial deed, and issued the above seizure and collection order on February 14, 2019.

D was the representative director of the non-party company, and the plaintiff was the director of the non-party company.

E. The Plaintiff shall forge and exercise the power of attorney of this case.

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