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(영문) 서울북부지방법원 2019.05.23 2017가합25318
양수금
Text

1. The Plaintiff:

A. Defendant B shall pay full amounts of KRW 571,407,483 and KRW 296,272,134 among them.

Reasons

1. Whether the authenticity of evidence A 6-2 is recognized;

A. Defendant B’s summary of the Defendant B’s assertion did not have signed A’s No. 6-2 (hereinafter “instant power of attorney”).

In addition, the power of attorney of this case is written in the Korean language, and there is no signature in the English language of the defendant B, and it does not meet the requirements of authentication as a deed signed by a notary public, because it does not meet the requirements of authentication as a deed signed by a notary public, such as the stipulation that the client was signed or the client confirmed his signature in the presence of a notary public, the date and place of authentication, and the address and contact address of the notary

B. Considering the following circumstances, the evidence Nos. 6-2 is recognized in view of the descriptions of the evidence Nos. 6-1, 6-3, and 12-1, the fact-finding results with respect to the Ministry of Foreign Affairs of this Court, and the overall purport of the pleading:

① On the lower right side of the power of this case, E, a local notary public of Canada, signed at the lower right side of the power of this case, stating that “Acurure,” and signed at the lower left side, the consul in charge of notarial services confirmed the authenticity of the signature affixed to a notarized document by a notary public of the host country pursuant to Article 30(1) of the Act on Notarial Deed of Diplomatic and Diplomatic and Consular and Consular and the certificate of receipt of the State’s official seal was affixed.

② On March 6, 2007, the consular official of the State Debate received a request from the FF Bank for verification of the Defendant B’s power of attorney-at-law to verify whether the said local attorney-at-law has notarized the power of attorney-at-law, and then delivered the same day’s confirmation to the FF Bank.

③ The proxy letter of this case contains the passport number, date of birth, address, etc. of Defendant B, and the local lawyer who notarized the proxy letter of this case appears to have confirmed whether the person who prepared the proxy letter is Defendant B or not, and the contents therein are whether the intent of Defendant B is satisfied.

(4) The application for credit approval of the F Bank.

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