(영문) 창원지방법원 2015.02.11 2014나8039 | 리걸엔진

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(영문) 창원지방법원 2015.02.11 2014나8039

청구이의

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3.The assistance of the Changwon District Court is the above assistance.

Reasons

1. Basic facts

A. On December 16, 2010, the Plaintiff drafted a product sales contract (Evidence A 4) with the content that the Plaintiff shall purchase KRW 4,950,00, and one of the equipment for the spop-up and pop-up shall pay KRW 191,610 per month in 36 months, respectively.

B. The Plaintiff stated “the KRW 00,000,000,000,000,000,000 won” in each column of the amount of a promissory note (Evidence No. 3, hereinafter, the Promissory Notes) in which the mandatory column is in blank (Evidence No. 5-1, hereinafter, the instant letter of delegation) and the addressee’s column is blank, and delivered the said document to D after signing and sealing it, and D delivered the said document to the Defendant.

C. On February 8, 2011, the Defendant drafted a notarial deed of the Promissory Notes No. 614 (hereinafter “notarial deed of the Promissory Notes”) with the content that “A notary public, by means of the Plaintiff’s certificate of personal seal impression and the power of attorney, has no objection to the payment of the amount of the Promissory Notes, shall be acknowledged if he delays the payment of the amount of the Promissory Notes.”

(In fact that there is no dispute, Gap evidence Nos. 2, 3, 4, Eul evidence Nos. 1, 3, 5, 6, 13, and the purport of the whole pleadings)

2. Determination as to the cause of action

A. 1) The plaintiff's assertion 1) The defendant filled out the blanks of the letter of delegation and promissory note delivered by the plaintiff in C&K without due authority, and based on this, prepared a notarial deed of this case. Therefore, compulsory execution based on the notarial deed of this case, which was prepared and void by a unauthorized Representative, shall be denied. 2) The plaintiff's assertion that the defendant delegated the right to prepare the notarial deed of this case to the defendant, signed and sealed the letter of delegation, and issued it to the defendant

Therefore, this case.

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