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(영문) 대전지방법원천안지원 2016.10.21 2015가합101194
청구이의
Text

1. A notary public against the Plaintiff (Counterclaim Defendant) of the Defendant-Counterclaim Plaintiff is drafted on October 20, 2014 by the law firm Nevis.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of training industrial human resources, promoting industry-academic cooperation, developing and commercializing new knowledge and technology, and the Defendant run a credit business for many and unspecified persons without registering the credit business with the competent authority from November 25, 2009 to September 30, 2014.

B. C served as the Plaintiff’s leader from August 23, 2010 to July 31, 2012; D from August 1, 2012 to February 24, 2013; E from February 25, 2013 to February 28, 2014; and F from March 1, 2014 to August 19, 2014; G served as the Plaintiff’s deputy leader from around 2012 to August 20, 2014.

C. On October 20, 2014, when the Plaintiff and H delay the payment of a promissory note to the Defendant as the agent of the Plaintiff and H, the Defendant: (a) entrusted the Plaintiff and H with the preparation of a notarial deed to the effect that there is no objection even if they are immediately subject to compulsory execution; and (b) accordingly, the notary public drafted a notarial deed with No. 30 of the 2014 Deed No. 2014, Oct. 20, 2014 (hereinafter “instant notarial deed”).

A Promissory note attached to the instant notarial deed (hereinafter referred to as the “ Promissory note”) is indicated as the face value of KRW 700 million, and the issuer is indicated as the Plaintiff, H, and the payee as the Defendant, the issue date as of October 30, 2012, and the place of issuance and the place of payment as Seoul Special Metropolitan City.

On the other hand, the issuer of the Promissory Notes in this case stated F as the Plaintiff’s leader.

E. The Defendant keeps the Plaintiff’s certificate of borrowing on October 30, 2012, with the seal affixed by the Plaintiff that the Plaintiff borrowed KRW 700 million on November 30, 2012 at the maturity date, and delay damages at the rate of 5% per month, and the Plaintiff’s certificate of borrowing on October 30, 2012, with the seal affixed by the Plaintiff that the Plaintiff borrowed KRW 600 million on March 31, 2014; and the Plaintiff’s certificate of borrowing on November 30, 2013, with the seal affixed by the Plaintiff that the Plaintiff borrowed at the rate of 5% per month.

(f)the prosecution shall be.

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