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(영문) 광주지방법원 2015.07.15 2014나51257
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On March 27, 2009, the Plaintiff registered the establishment of a joint representative rule that D and E jointly represent the Plaintiff on the Plaintiff’s corporate register, and registered the abolition of the above joint representative rule on January 19, 2010 on the following day after E resign.

B. On September 4, 2009, the notary public prepared a notarial deed on a monetary loan agreement (No. 2035, No. 2009, No. 2009, No. 2009, No. 20000,000 won from the Plaintiff and F Co., Ltd. (hereinafter “F”) on the same day on October 30 of the same year and borrowed from G Co., Ltd. (hereinafter “G”), with the maturity of 40,000 won from the Plaintiff and F Co., Ltd. (hereinafter “F”), and entered into the notarial deed with the purport that H, I and J are jointly and severally liable for the above loan obligations, and that if the above obligation is not performed, the said obligor is also subject to compulsory execution, and the notarial deed (hereinafter “instant notarial deed”). The Claimant’s agent is indicated as K (party G’s representative, the principal debtor’s representative director, and the joint and several sureties’s representative), I and J (joint guarantor).

C. On the same day as the date of the preparation of the notarial deed, a notary public separately prepared a notarial deed of money loan contract (No. 2034 of 2009) with the Plaintiff and F as the obligor, L (G officers) as the obligee and the obligation amount of KRW 10 million. The remainder is the same as the notarial deed of this case.

In the instant notarial deed and the notarial deed mentioned in the preceding paragraph, the Plaintiff’s power of attorney as the Plaintiff and H (hereinafter “the instant power of attorney”) and the Plaintiff’s joint representative E’s personal seal impression (issuance on July 30, 2009), the Plaintiff’s joint representative D’s personal seal impression (issuance on September 4, 2009), and the Plaintiff’s employee seal impression (hereinafter “employee seal impression”) prepared around September 209 are attached.

E. The cause reduction of the employee identification system of this case is the seal impression of D among the seal impressions indicated in each certificate of personal seal impression stated in the preceding paragraph, and the original “contract name: Civil engineering works among the construction works of the M Factory Site Construction Works in the Development Agency.”

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