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(영문) 대전지방법원논산지원 2016.10.20 2016가단20032
청구이의
Text

1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution by the Daejeon District Court 2015 Chicago20068

Reasons

1. The instant enforcement document of the instant case was drafted on June 12, 2015. The Plaintiff Company’s debt amounting to KRW 148,391,220 that it owes to the Defendant by December 31, 2015, and written the intent of recognizing the execution in the event of nonperformance.

D completed a contract which became an object of notarial act as the representative of both the plaintiff and the defendant, and entrusted notarial act.

[Reasons for Recognition] There is no dispute, Gap evidence No. 12

2. The gist of the Plaintiff’s assertion and the judgment of the Plaintiff asserted that compulsory execution based on the instant executory deed should be denied for the following reasons.

The gist of the plaintiff's assertion 1) At the time of the preparation of the execution certificate of this case, E, the representative director of the plaintiff company, prepared and delivered a power of attorney for the preparation of the notarial deed of this case to D. However, D did not issue a certificate of the plaintiff company's corporate seal and did not grant the authority to issue it or submit it to a notary public. Nevertheless, D later submitted a certificate of the plaintiff company's corporate seal to a notary public without authority and made it complete the execution certificate of this case. Since D's commission is an act of representation without authority to represent the plaintiff, it is not effective against the plaintiff. 2) The indication of the recognition of execution recognition that the notarial deed of this case allows the plaintiff to have executory power as an executive title is an act against a notary public. Thus, if a notarial deed is made upon commission

(Supreme Court Decision 2006Da2803 Decided March 24, 2006). In this case, at the time of commission of the preparation of the instant enforcement certificate, the actual conclusion of the agreement between E and the Defendant, the representative director of the Plaintiff at the time of commission of the preparation of the instant enforcement certificate, was made, and E, the power of attorney (the last page of the evidence No. 12) to grant D the right to represent the preparation of the instant enforcement certificate, is the party concerned.

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