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(영문) 수원지방법원안양지원 2019.06.20 2018가단109019
청구이의
Text

1. A notary public shall make an executory exemplification of a notarial deed No. 658 of Promissory Notes No. 658, 2017, as a law firm;

Reasons

1. The facts subsequent to the facts of recognition are either in dispute between the parties or in the statements in Gap evidence Nos. 1, 2, 5, and 8, together with the purport of the entire pleadings.

D On November 29, 2017, the Plaintiff and E (hereinafter referred to as “E”) and the Defendant’s representative director and the proxy of the Plaintiff, E and F (hereinafter referred to as “the power of attorney of this case”), and the Plaintiff’s certificate of personal seal impression issued on November 27, 2017 (hereinafter referred to as “instant certificate of personal seal impression”), as a notary public commissioned the Plaintiff, E and E, the payee, the payee, the Defendant, and the date of issuance of the Promissory Notes (hereinafter referred to as “instant Promissory Notes”) to a law firm on November 29, 2017, and signed a notarial deed containing no objection to compulsory execution (hereinafter referred to as “notarial deed of this case”) with respect to the instant Promissory Notes as a creditor of the said law firm No. 658, supra. 2017.

B. On June 12, 2018, the Plaintiff filed an application for a compulsory auction against the Plaintiff regarding H underground floor I with the Suwon District Court Ansan Branch G for the instant notarial deed with the title of execution, and received a decision to commence the auction from the said court on June 12, 2018.

2. Judgment on the principal lawsuit

A. The summary of the Plaintiff’s assertion (1) heard that the Plaintiff would guarantee the Plaintiff’s annual income equivalent to 24% if it invests in E’s business from F on January 2016. By June 28, 2017, the Plaintiff invested a total of KRW 350 million between June 28, 2017. The F paid KRW 47.6 million as the profit by December 16, 2017, but did not pay the profit thereafter.

As the Plaintiff urged F to pay profits, F to provide the Plaintiff with a teacher qualification certificate, a certificate of personal seal impression, and a certificate of seal impression, etc. on November 2017, and teachers such as the Plaintiff are among E investors.

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