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(영문) 서울중앙지방법원 2018.07.20 2014가합58400
청구이의
Text

1. The defendant's notary public against the plaintiff is a law firm (with limited liability) C, No. 121 of 2012.

Reasons

1. Facts of recognition;

A. The Defendant: (a) affixed only the Plaintiff’s seal on the promissory note paper and the proxy form, which is the head of the Plaintiff’s former representative director D; and (b) received a letter of delegation as to the request for the preparation of blank promissory notes and authentic deeds

(hereinafter referred to as “instant bill” and “instant blank delegation”. B

In the issuer column of the Promissory Notes, the Defendant stated “Plaintiff Representative D,” “B” in the payee column, “F,” “F,00,000,000” in the face value column, and “F,00,000,000” in the payment column, and “F, 20,000,000” in the issue date column, and “F, 17, 2012,” respectively, and made up for the same purport.

(hereinafter referred to as “the Promissory Notes,” and “the power of attorney,” respectively.

On July 12, 2012, the Defendant submitted the instant power of attorney to a law firm (with limited liability) by a notary public, and on the same day, a notarial deed as to the Promissory Notes No. 121 was prepared on the same day.

(hereinafter “instant notarial deed”). D.

On October 28, 2013, the Defendant applied for a compulsory auction on the Plaintiff’s real estate based on the instant notarial deed.

[The grounds for recognition] . [The Seosan Branch of the Daejeon District Court F, G (merged)] . [The grounds for recognition] .. The entry of Gap evidence Nos. 2, 19, 20, 37, 47, and 48, the witness D's testimony and the purport of the whole pleadings.

2. Determination as to the cause of action

(a)in order for a blank bill to be issued effectively, at least the bill’s name and seal or signature must be affixed to it;

However, according to the above facts, the defendant received the bill of this case where the plaintiff's seal imprint is affixed to the issuer's column and entered the plaintiff's name on the next side.

Therefore, if the bill of this case is valid as a blank bill, the defendant should be legally entrusted with the plaintiff's name or signature on behalf of the plaintiff.

B. The defendant shall deliver the blank bill of this case to E, the plaintiff's actual representative, and E.

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