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(영문) 서울동부지방법원 2018.10.26 2017가단124809
청구이의
Text

1. A notary public belonging to the Seoul Eastern District Prosecutors' Office against the plaintiff in the same document prepared by the defendant in 2016.

Reasons

1. Basic facts

A. On June 30, 2016, the Plaintiff’s representative C and the Defendant, who is a director, hold 600 shares of the Plaintiff as of June 30, 2016 and 400 shares, respectively.

B. On October 21, 2016, the Defendant’s husband D and the Defendant drafted a notarial deed of promissory notes (No. 717, 2016, No. 2016, No. 2010, Oct. 21, 2016, the date of issue on which the Plaintiff is the issuer (the agent of the issuer), the date of payment on October 21, 2016, and the date of payment on October 25, 2016, and the face value of KRW 80,00,000,000,000

On October 20, 2016, the above notarial deed accompanied the Plaintiff’s certificate of personal seal impression and the Plaintiff’s power of attorney (a seal imprint; hereinafter “instant power of attorney”).

On October 24, 2016, the same law firm recognized the power of representation by the power of attorney attached to the certificate of personal seal impression of the principal, and around October 24, 2016, notified the plaintiff representative director C of the fact that the notarial deed of this case was prepared at the request of the agent D under Article 13

C. On May 2017, the Defendant, with the title of execution, received the claim attachment and collection order under Seoul Eastern District Court 2017TTT4303 as to the price of agricultural products for the Plaintiff’s E and Japan, as the title of execution.

【Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 5, purport of the whole pleadings】

2. Determination as to the cause of action

A. The plaintiff asserts that the plaintiff's representative director C has not granted his power to prepare the notarial deed of this case to D, and therefore, the notarial deed of this case is null and void, so compulsory execution should not be allowed.

B. (1) Determination (1) The indication of the recognition and recognition of execution that a notarial deed allows a notary public to have an executory power as an executory power is an act of litigation against a notary public, so it is not effective as an executory power in the event a notarial deed is prepared upon a commission of an executory power agent (see Supreme Court Decision 2006Da2803, Mar. 24, 2006).

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