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(영문) 전주지방법원 2016.08.30 2016가단2156
청구이의
Text

1. The defendant's notary public against the plaintiff B is based on the notarial deed No. 1201 of 2013.

Reasons

1. Basic facts

A. Plaintiff A is a person who was employed by the Defendant’s former North Korean branch office as an insurance solicitor around October 2013 and retired from office. Plaintiff B is an infant of Plaintiff A.

B. On November 4, 2013, a notary public entrusted by the Plaintiffs and the Defendant’s agents, and “The Plaintiff, on October 23, 2013, issued one promissory note, which became Seoul Special Metropolitan City (hereinafter “instant promissory note”), both at sight, at the place of issue, at the date of payment, and at the place of payment, at the request of the Plaintiffs and the Defendant’s agents. On October 23, 2013, a notary public issued one promissory note, which became Seoul Special Metropolitan City (hereinafter “instant promissory note”). If a notary public delays the payment of the said note to the holders of the said promissory note, he/she shall recognize that there is no objection even if he/she is subject to compulsory execution.”

C. The power of attorney attached to the notarial deed of this case (hereinafter referred to as “the power of attorney of this case”) states that the plaintiffs and the defendant designate E as their agent and delegate all the authority regarding the request for the preparation of the notarial deed of this case. The letter of attorney of the end states the names and addresses of the plaintiffs. The names and addresses of the above plaintiffs were written in writing A and affixed their seals.

On March 11, 2015, the Defendant: (a) granted the execution clause on the instant authentic deed; and (b) on December 3, 2015, filed an application against the Plaintiffs for entry in the defaulters’ list, etc. under this Court Order 2015Kab2427.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Eul evidence 1 to 3, the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. Plaintiff A’s assertion that Plaintiff A entered as an insurance solicitor and issued the Promissory Notes and prepared the instant Notarial Deed for the payment of insurance recoverys that may arise in the future at the request of the Defendant’s representative GF’s branch office, and the Jeonju District Court.

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