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1. Revocation of the first instance judgment.
2. The defendant's notary public against the plaintiff in the 2012 Cjoint Law Office.
Reasons
Basic Facts
D is engaged in the sale and purchase of machinery with the trade name of "G", and E has continuously traded with D, such as the purchase of machinery from D.
The plaintiff operates a personal business entity with the trade name "H" from September 2012 to E, and the defendant was employed as a employee of G as a whole of D.
Around September 2012 and around October 2012, the Plaintiff purchased cutting machines, string machines, rashers air, and luminous machines from D in a manner of leasing three times from 2012, and D entered into an agreement between 201 and 201 to recover and dispose of the machinery and to pay the proceeds from realizing the sale of the machinery to 201. (hereinafter “instant re-purchase agreement”).
On October 29, 2012, the Defendant: (a) appears at the joint law office as an agent of the Plaintiff, the obligor, and as an obligee, and (b) took place at the joint law office as an obligee, and (c) borrowed KRW 120,000,000 from the Defendant on September 26, 2012 at the rate of 30% per annum (payment on the last day of each month) and the due date for repayment as of December 31, 2012; (b) provided one set of 1 presses, 200, 200, and 300, respectively (hereinafter “instant movable”); and (c) recognize that there is no objection even if the Plaintiff fails to repay the debt, the Defendant requested the preparation of a notarial deed to the effect that the instant movable is liquidated and appropriated for the repayment of the debt, and (d) drafted a notarial deed as indicated in the order (hereinafter “notarial deed”).
The power of attorney attached to the Notarial Deed of this case (hereinafter referred to as "the power of attorney of this case") is as follows:
(hereinafter referred to as "the surface part of a refrat shall be drawn up with others, and the body part shall be written with hand. The proxy address: I 308 Dong 1006 name in Gunpo-si in Gyeonggi-do: A person above B shall be designated as his agent, and a notary public shall do a notarial deed on the following matters at the joint law office: