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(영문) 춘천지방법원 2015.05.08 2012나5746
청구이의
Text

1.The judgment of the first instance shall be modified as follows:

The defendant's office and notary public's office in Chuncheon.

Reasons

1. The court's explanation on this part of the facts of recognition is added to the "payment" next to the "Subrogation of the plaintiff's obligations" during the second sentence below the second judgment of the court of first instance.

(1) The following particulars shall be

(e) by adding paragraph (1) to [based grounds for recognition], except for adding evidence Nos. 39-1, 2, and 40-1, and 2 of evidence Nos. 39-1, and 40-2, the judgment of the court of first instance is as stated in paragraph (1) of the Civil Procedure Act, and this part is cited by this portion.

【Additional Contents】

E. Meanwhile, with respect to other promissory notes issued together with the instant promissory notes, a notarial deed with the same content as the instant notarial deed was prepared by a notary public as on the same day. Among them, the Plaintiff filed a lawsuit of objection against the Defendant as to the notarial deed prepared by the notary public in Chuncheon Joint Law Office as on June 18, 2014, and received judgment in favor of each of them under the Seoul High Court Decision 2013Na213, Jun. 18, 2014; and 2013Na220.

Each of the above issuance of promissory notes constitutes “loan of large-scale property” as stipulated in Article 393(1) of the Commercial Act and requires the resolution of the board of directors of the Plaintiff. Since it appears that the Defendant knew or could have known that there was no resolution of the board of directors at the time, each of the above issuance of promissory notes is invalid

On October 30, 2014, the Defendant appealed, but all of the appeals were dismissed, and each of the above judgments became final and conclusive around that time.

2. Determination

A. The plaintiff's assertion argues that the issuance of promissory notes and the preparation of authentic deeds in this case shall be null and void, or that compulsory execution based on the authentic deed in this case shall not be permitted on the following grounds.

1. The issuance of the Promissory Notes and the preparation of notarial deeds in this case constitute a large-scale loan and thus subject to a resolution of the board of directors pursuant to Article 393(1) of the Commercial Act, but the Plaintiff.

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