logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.06.18 2018가합504567
청구이의
Text

1. Promissory notes No. 330, 2015, issued by a notary public against the Plaintiff of the Defendants, against the law firm (with limited liability).

Reasons

1. Basic facts

A. The Plaintiff married with E on September 19, 2012, and divorced on February 9, 2017.

B. On July 24, 2015, between the Plaintiff and F, a promissory note was issued and issued on July 24, 2015, stating that “The issuance date is KRW 5,000,000,000 on July 24, 2015, par value is KRW 5,00,000,000 on the issuance date, August 6, 2015, the issue date, place of payment, and place of payment,” and on the same day, a notary public, acting as the Plaintiff’s agent, signed an authentic deed on the said promissory note as the Plaintiff’s certificate No. 330 on

(hereinafter referred to as “notarial deeds of promissory notes of this case”).

The F died on June 21, 2016, and the Defendants are F’s successors.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 13, and 14, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff changed the Plaintiff from Plaintiff E to “Company H”, “Company I”, “Stock Company G”, and “J”, and upon receiving a request to register the Plaintiff as a representative director under the name of the Plaintiff’s company G (the trade name at the time of the preparation of the instant promissory note deed was a stock company G; hereinafter “instant company”) and only entrusted the Plaintiff’s seal impression and identification card to E, and there was no fact that the Plaintiff delegated the Plaintiff’s right to dispose of the Plaintiff’s personal property or to manage and operate funds.

E, without obtaining authorization from the Plaintiff, is issued with the Plaintiff’s seal imprint certificate and identification card using the Plaintiff’s seal imprint certificate and then submit them to a notary public and commission him to prepare the Promissory Notes Notarial Deed. Thus, the Promissory Notes Notarial Deed No. 310 is invalid.

B. The Plaintiff recognized that the Defendants’ seal impression and identification cards were affixed to E, and thus, the Plaintiff is liable for the expressive representation as to the instant promissory notes’ authentication.

3. Determination

(a) an indication of the recognition of execution, which allows a notarial deed to have executory power as a title, shall be made against a notary public;

arrow