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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 2008, the Plaintiff and the Defendant agreed that the Defendant shall take over the scrap metal business operated by the Plaintiff from the Plaintiff (hereinafter “instant agreement”). On October 15, 2008, the Plaintiff and the Defendant prepared a confirmation document stating the following, and the Defendant paid KRW 900 million to the Plaintiff on the same day.
【Fact-Finding Certificate】
1. The Defendant shall pay to the Plaintiff KRW 900 million as advance payment with regard to the takeover of the scrap metal business that the Plaintiff proceeds.
2. The Plaintiff is obliged to pay KRW 900 million to the Defendant without delay when he/she is paid insurance money from the Seoul Guarantee Insurance Co., Ltd. (hereinafter “Seoul Guarantee Insurance”) without delay when he/she is paid the insurance money to the Plaintiff (insured) upon completion of handling the accident (a claim for insurance amount of KRW 900 million) of the performance guarantee insurance policy (in advance) that the Plaintiff provided to
3. In order to clarify each of the above paragraphs, the Plaintiff’s issuance of promissory notes of KRW 900 million to the Defendant and notarized.
B. On October 15, 2008, the Plaintiff issued a copy of a promissory note with a face value of KRW 900 million and a maturity of KRW 900 million to the Defendant, and a notary public, which recognizes the compulsory execution against the said promissory note, prepared and issued a promissory note No. 231, 2008 (hereinafter “instant authentic deed”).
[Reasons for Recognition] Uncontentious Facts, Entry B in Evidence Nos. 1 and 2, the purport of the whole pleadings
2. The defendant's judgment on the main safety defense of this case did not grant the plaintiff's legitimate power of attorney to act on behalf of the plaintiff, or at present, the plaintiff's attorney is under civil or criminal proceedings between the plaintiff as the representative of Alley Dokra, Inc., and the lawsuit of this case is unlawful with the purport that the above power of attorney is revoked or withdrawn, and there is no power of attorney.
l.p. g., p.