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(영문) 의정부지방법원 2016.09.06 2015가단108086
청구이의
Text

1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution No. 2015 Chicago2013, May 2015

Reasons

1. Basic facts

A. On July 2013, the Plaintiff entered into a contract with the Defendant for the establishment of a vice governor (business start-up) with the following content (hereinafter “instant contract”).

Article 1 Section B (hereinafter referred to as "Plaintiffs, hereinafter referred to as "B") shall be appointed as Vice-Speaker and shall enter into a contract as follows:

Article 2. A (Defendant; hereinafter referred to as “A”) and B shall enter into an agreement for the grandchildren insurance business (branch offices or start-up), based on the Insurance Business Act, and 1) A shall provide B with all offices (security deposits, rents, management expenses, etc.) and assist B with support. 2) B shall take overall responsibility for the company standards (such as commission, recovery, policy, operation, management, etc.).

B shall be the top priority of the overall operation and the achievement of the goals of sales, and shall be responsible.

B. From July to August 2013, the Defendant demanded the Plaintiff to prepare a notarial deed in which the amount of the obligation was KRW 50 million in order to guarantee the payment of the damage claim arising from the instant contract.

Accordingly, the Plaintiff directly affixed his signature and seal on the issuer column of the face value of a promissory note (hereinafter “instant promissory note”) with blanks, and on the same day, the Plaintiff signed and sealed on the part of the issuer column of the promissory note (hereinafter “the instant promissory note”) stating that “if a notary public fails to pay the amount of the following promissory note pursuant to Article 56-2 of the Notary Public Act by designating a person as his/her principal’s agent, the notary public does not immediately object to compulsory execution, and delegate all the authority on the commission of preparation of authentic deeds and the request for and receipt of the execution clause” (hereinafter “the instant letter of attorney”) signed and sealed on the face value of the instant promissory note and the

C. On August 2013, the Defendant stated the face value of KRW 50 million on the Promissory Notes and the power of attorney of the instant case, the date of issuance as of August 1, 2013, the date of payment as at sight, and the place of issuance as at sight.

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