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(영문) 의정부지방법원 2017.11.30 2016가단123488
청구이의
Text

1. Certificates drawn up by the Defendant’s notary public against the Plaintiff on April 2, 2014, No. 165 of C Law Firm, No. 165.

Reasons

Basic Facts

In full view of the purport of the arguments in the statement No. 6 and No. 2-1 through No. 3, a promissory note No. 1 (hereinafter “instant promissory note”) was issued to the Defendant on April 2, 2014, each of the issuer, the addressee, the Defendant, the face value of KRW 120 million, the issue date, the issue date, the place of payment, and the place of payment, respectively. On April 2, 2014, a promissory note No. 1 (hereinafter “instant No. 1 Promissory note”) written on April 2, 2014, to the effect that the Defendant consented to immediate compulsory execution as to the instant No. 1 Promissory note No. 1 (hereinafter “instant No. notarial Deed”), and it can be recognized that the instant No. D’s statement was written as having entrusted the preparation of the instant No. notarial Deed with the grant of the right of representation from the Defendant, and there is no counter-proof evidence.

The plaintiff's assertion by the parties did not confer the power of attorney on E to prepare the notarial deed of this case, but only when E had a seal imprint, he forged a power of attorney in the name of the plaintiff and let D prepare the notarial deed of this case. Thus, the notarial deed of this case is invalid.

Even if the notarial deed of this case is valid, the notarial deed of this case was prepared by D on behalf of the plaintiff and the defendant, and since the plaintiff did not permit it, the notarial deed of this case prepared by both representation of D is invalid.

The Plaintiff acquired a promissory note obligation with a face value of KRW 50 million issued by the Defendant to F. The Plaintiff provided real estate owned by the Plaintiff as collateral and loaned KRW 70 million to G Co., Ltd. (hereinafter “G”) under the name of the Defendant. The Defendant issued a promissory note with a face value of KRW 120 million as the Defendant becomes the Defendant and the Defendant changed to the Plaintiff’s name. The Plaintiff issued the Promissory note 1,000,000 won, which was the cause of KRW 50 million at face value, was fully repaid.

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