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Reasons
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(영문) 부산지방법원 2016.05.20 2015나14249
청구이의
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1. Revocation of a judgment of the first instance;

2. A notary public against the Plaintiff in 2014, a deed drawn up at the law firm’s free will.

Reasons

1. Facts of recognition;

A. The Defendant, around October 18, 2013, held office as the representative director of B Co., Ltd. (hereinafter “B”) and resigned from office as the representative director on May 12, 2014.

B. On May 12, 2014, the Plaintiff issued to the Defendant a promissory note, which became the date of issuance, May 12, 2014, and November 11, 2014. On the same day, the Plaintiff and the Defendant entrusted the preparation of a notarial deed to the law firm freedom.

Accordingly, the notarial deed No. 257, No. 2014, No. 2014, No. 2014, No. 2016, No. 30

C. On May 12, 2014, the Plaintiff issued to the Defendant a promissory note, which became the date of issuance, May 12, 2014, and May 11, 2015. On the same day, the Plaintiff and the Defendant entrusted the preparation of a notarial deed to the law firm freedom.

Accordingly, the No. 258 No. 2014 No. 258 No. 2014 was written by a notary public to recognize compulsory execution.

(2) Each of the instant notarial deeds with a promissory note stated in the foregoing Paragraph (b) above (hereinafter referred to as “notarial deeds of this case”): [The grounds for recognition: Facts without dispute, Gap 1, 8, Gap 14-1, Gap 15-6, 10, Eul 3-1, Eul 3-2, and the purport of the whole pleadings]

2. Determination as to the cause of action

A. According to the evidence evidence Nos. 9, 16, and 17, D, the representative director of the Plaintiff, entered into an investment agreement on behalf of the Plaintiff to invest KRW 300 million between B and acquire 50% of the shares of B on February 21, 2014, on behalf of the Plaintiff, and the Defendant was indicted for occupational embezzlement cases No. 2014Da1787, J, the representative director of the Plaintiff, and the Defendant was acquitted at the court of first instance on June 19, 2015 by the prosecutor’s appeal against this, he/she was convicted of one year imprisonment with prison labor (the Government District Court Decision No. 2015No1795).

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