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(영문) 의정부지방법원 고양지원 2018.05.16 2017가단12298
청구이의
Text

1. Promissory notes, No. 236, 2017, drawn up by the Defendant’s notary public against the Plaintiff on April 10, 2017.

Reasons

1. On October 31, 2016, the Plaintiff received careerFC activity support expenses of KRW 4,835,00 from the Defendant Company as an insurance solicitor, and entered into a contract for the performance of payment and return of work-related activity support expenses with the aim of recovering the support amount of KRW 100,00 upon discontinuance of activities for not more than 13 months. Around that time, the Plaintiff issued to the Defendant Company a promissory note (the Plaintiff, the payee, and the Defendant; hereinafter “instant promissory note”) necessary for the preparation of the authentic deed of a promissory note (the Plaintiff, the Defendant, and the agent E), a notarized delegation letter

(B) On April 10, 2017, a notary public prepared a promissory note 20,000 won (hereinafter “notarial deed of this case”) with the face value of KRW 20,00,000 (hereinafter “notarial deed of this case”) against the Plaintiff and the payee as the Defendant, based on the foregoing documents, on April 10, 2017.

On the other hand, the Plaintiff agreed to “a letter of agreement on the collection of promissory notes” under which “the Plaintiff did not pay the Plaintiff with respect to the occurrence of the amount of redemption of the career FP subsidy or the loan that the Plaintiff received” as a ground for the enforcement of the said promissory note with the Defendant Company

[Evidence] Facts without dispute, Gap evidence Nos. 1 and Eul evidence Nos. 1, 3 and 4, the purport of the whole pleadings

2. Determination:

A. The plaintiff's assertion asserts that since the Promissory Notes and notarial deeds in this case are invalid or defective due to the following reasons, compulsory execution based on the premise that the validity thereof is valid should be denied.

① The Promissory Notes in this case are null and void as they were drafted by coercion by Defendant Company.

② The Promissory Notes of this case are invalid as it contains the amount of the Promissory Notes without the Plaintiff’s consent and reaches the notarial deed.

③ The instant promissory note is not maintained after the Plaintiff paid the Defendant Company the allowance for insurance contracts under the contract.

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