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(영문) 창원지방법원 마산지원 2012.09.19 2012고단262
사기등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

Summary of Facts charged

1. The Defendant was a person who had worked as the representative director of C, and D is a major shareholder of the said company, and Attorneys E, as an attorney-at-law of the said company, was in charge of coordinating the terms and conditions of the Defendant’s resignation as an attorney-at-law of the said company, and preparing the text of the written agreement.

On November 29, 2011, the defendant prepared a written agreement on the terms of resignation of the representative director, and resigned from the office of representative director on the same day.

According to the above agreement, the defendant and D agreed that "D shall implement the procedure for termination of guarantee contract at the same time as Eul's resignation with respect to the part of the defendant's joint and several guarantee contract concluded with each financial institution as the representative director of the company. In case of violation, Gap shall pay Eul the full amount of guarantee debt."

Since then on December 19, 201, the Defendant met the Vice-President H in a notary public G office located in Changwon-si F, Changwon-si, Changwon-si, Seoul, and the Vice-President H in order to notarized the above agreement.

The Defendant demanded H to “the end of March to terminate the joint and several guarantee contract” with respect to the part on the implementation of the procedure for the termination of the said joint and several guarantee contract, but H stated that “The part that prevents the termination by the end of March is not the same as the part that was determined by the end of March,” and that “h has discussed with E attorney-at-law who entered into the original written agreement with E along with the process of preparing the original written agreement, and provided telephone calls

The Defendant, by telephone, asked the attorney-at-law to “at-law at any time to terminate a guarantee contract,” but the attorney-at-law “at-law is a matter of decision at a bank to be terminated, and at the Co., Ltd., a corporation has already made a notification to replace the guarantor with a new representative director at the bank.” The Defendant continued the phone after making a routation to the attorney-at-law.

As above, the Defendant actually entered into a joint and several guarantee contract by March 30, 2012.

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