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(영문) 대구지방법원 2019.02.20 2018가단127177
청구이의
Text

1. The defendant's notary public against the plaintiff is a law firm C, No. 293, 2017.

Reasons

1. Basic facts

A. In around 2016, the Plaintiff became aware of D, which operated the Han Reproduction Factory with the introduction of a branch, and invested KRW 120 million in D as the factory operation fund.

B. D was unable to pay the original amount of KRW 100,000,000, while being supplied with a non-member group by E.

C. On March 6, 2017, D issued and delivered 3.5 million won promissory note 20,000 won, which the Defendant endorsed, to the Defendant as an investor E, and on the same day, the Defendant as the obligee, D as the obligor, and the Plaintiff as the joint surety, and D borrowed KRW 100 million from the Defendant under C’s No. 293 of the 2017 Document No. 2017 Document No. 293, which was signed by the notary public, as the joint surety, and was written by the money loan contract No. 293 (hereinafter “notarial deed of this case”) with the content that the Defendant would make installment payments from March 25, 2017 to May 25, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings

2. The party's assertion and judgment

A. (1) On March 6, 2017, Plaintiff D and the Plaintiff met the Defendant, an investor of E and E, on the ground that Plaintiff D was supplied with a visa from E on credit.

E issued 20,000,000 won in face value 3.5 million won in a promissory note as security for the original unit to be supplied to the Defendant, and D issued 20,000 won in a promissory note to the Defendant. The Plaintiff endorsed and delivered the notarial deed to the Defendant. The Defendant demanded the preparation of 100,000 won in a debt amount to the Defendant, and made the notarial deed in this case, and clearly stated that the notarial deed in this case was a notarized bill as of March 6, 2017, and was not a monetary loan.

Therefore, the instant notarial deed is used as a security for the non-member group to be supplied from E after March 6, 2017, and it was supplied from E after March 6, 2017.

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