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(영문) 수원지방법원여주지원 2015.06.11 2013가합408
근저당권말소 등
Text

1. The Defendant’s notary public against the Plaintiff, No. 1250, 2012, No. 1250.

Reasons

The plaintiff of basic facts is a person who was the representative director of C Co., Ltd. (former D Co., Ltd.; hereinafter referred to as “C”), and the defendant is a person who served as the Deputy Director of C Co., Ltd from August 28, 2009 to September 14, 2012 and has managed all the company's funds and business.

On July 24, 2012, the Plaintiff drafted and issued a notarial deed under a monetary loan agreement for consumption of money (hereinafter “notarial deed of this case”) to the effect that “The Plaintiff borrowed KRW 200 million from the Defendant as the maturity date on July 24, 2012 at the interest rate of KRW 200 million from the Defendant until December 30, 2012. If the Plaintiff fails to perform the said obligation, it shall be immediately recognized that there is no objection even if compulsory execution is conducted.”

In addition, on July 30, 2012, the Plaintiff completed the registration of creation of each of the real estates listed in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estates”) on July 30, 2012, including the maximum debt amount of KRW 200 million.

After C’s retirement, the Defendant filed a lawsuit seeking payment of overdue wages, etc. with C as the original state branch of Chuncheon District Court 2013Gadan3131, and was sentenced on February 20, 2014 to the effect that “C shall pay wages of 40,887,450 won [54,101 won in July 201 x 14 months (from August 201 to September 2012) x 14 months in total] and retirement pay of 2,556,205 won in retirement pay, 43,446,655 won in total, and delay damages therefrom], and the above judgment became final and conclusive around that time.

【No dispute over the basis of recognition”, each entry of Gap evidence Nos. 1, 2, 3, and 12 (including Serial number; hereinafter the same shall apply) and the purport of the entire pleadings, as well as the assertion by the parties concerned as to the invalidity or revocation of the Notarial Deed of this case, the plaintiff, first of all, shall use the Notarial Deed of this case, if he prepares a loan certificate that can guarantee credit.

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