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(영문) 서울남부지방법원 2015.12.28 2015가합106203
청구이의
Text

1. The Defendant’s deed No. 228 and 2015, drawn up by the Korean Notaries Law Firm, which was drawn up by the Defendant’s notary public against the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, such as the party status, is a stock company established for the purpose of mechanical facility construction business.

D on February 12, 2014, the Plaintiff’s representative director was appointed, and on February 27, 2015, D and E were co-representative directors, and D have resigned on May 8, 2015, and E became a sole representative director.

B. On January 28, 2015, the letter of delegation No. 1) No. 1, 2015, the Plaintiff, the delegating, and D, shall delegate the authority to prepare a notarial deed with the content of “130 million won for rent, 10 million won for rent, 28 January 2015, 2015, May 15, 2015, and 25% per annum for interest and delay interest” to the Defendant, the mandatary (hereinafter referred to as “the letter of delegation No. 1”).

The Plaintiff and D’s seal impression were affixed to the first power of attorney. On the other hand, D’s certificate of personal seal impression issued on January 28, 2015 and D’s certificate of personal seal impression issued on April 7, 2015 were attached to the first power of attorney. 2) Around March 18, 2015, the second power of attorney was signed and sealed by the Plaintiff and D to the Defendant, the mandatory agent, “10 million won for rent, and 25% per annum on January 28, 2015, and on May 15, 2015, the Plaintiff and D’s certificate of personal seal impression were signed and sealed on the second power of attorney (hereinafter “second power of attorney”) respectively. The Plaintiff and D’s seal was affixed to the second power of attorney.

Meanwhile, the Plaintiff’s certificate of personal seal impression issued on January 28, 2015 and D’s certificate of personal seal impression issued on April 7, 2015 were attached to the second power of attorney.

3) Based on the Plaintiff’s certificate of personal seal impression issued on April 28, 2015 and the Plaintiff’s certificate of personal seal impression issued on January 28, 2015 by the first delegation and D on January 28, 2015, each of the instant notarial deeds, “the Defendant specified KRW 130 million to the Plaintiff and D on January 28, 2015 on the due date for reimbursement of KRW 130 million and interest rate of KRW 25% per annum,” a notary public No. 228 of the 2015 No. 228 (hereinafter “first notarial deeds”).

(a).

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