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(영문) 대구지방법원 2015.02.05 2014가합3485
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is an executory notarial deed No. 942, 2012.

Reasons

1. Basic facts

A. D worked as the representative director of the Plaintiff Company from December 12, 2011 to June 20, 2012, and D was appointed as the representative director on June 20, 2012, and D worked as an internal director.

D served as the secretary of the F Certified Judicial Scriveners Office, and dealt with the affairs of the Plaintiff Company at the above certified judicial scrivener office.

B. On June 8, 2012, the Defendant borrowed KRW 100 million from G and lent it to D again.

D On November 13, 2012, the Defendant received 200 million won of cashier's checks borrowed from G from the Defendant, and deposited them into D personal account opened in the Daegu Livestock Industry Peace Branch.

C. On November 13, 2012, a notary public of the Plaintiff Company and the Defendant (hereinafter “instant notarial deed”) concluded that the Plaintiff Company will pay KRW 300 million loan to the Defendant, KRW 15,000,000, and KRW 300,000 on January 15, 2013, no interest shall be paid, and delay damages shall be paid at 30% per annum between the Plaintiff Company and the Defendant, and the notarial deed of the debt repayment contract under which D guaranteed the Plaintiff Company’s obligation (hereinafter “instant notarial deed”) was drafted by D’s entrustment.

The notarial deed of this case is accompanied by a power of attorney that the plaintiff company and the defendant delegate the authority to prepare the notarial deed of this case to D. The letter of attorney's name E is written in the letter of delegation, and the name of the representative director E of the plaintiff company is affixed next thereto.

On November 15, 2012, the Defendant: (a) drafted a loan certificate of KRW 100 million borrowed from G on June 8, 2012; (b) KRW 200 million borrowed on November 13, 2012; and (c) drafted a loan certificate of KRW 300 million, interest KRW 2.5%, and maturity as of January 15, 2014; and (c) discarded the loan certificate of KRW 100 million borrowed on June 8, 2012.

E. On March 27, 2013, the Defendant remitted KRW 40 million to the Plaintiff Company’s account, and KRW 40 million on April 18, 2013.

F. On January 22, 2014, the Defendant applied for a compulsory auction on the land of H 1,722.3 square meters in Daegu-gu (hereinafter “instant land”) based on the instant notarial deed, but did so by auction on January 29, 2014.

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