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(영문) 대구지방법원 2017.03.03 2016가단6931
청구이의
Text

1. The defendant's notary public against the plaintiff is based on the notarial deed of bill No. 2579, No. 201.

Reasons

1. Basic facts

A. On August 9, 2011, the Plaintiff asserted that the Defendant agreed to reduce the down payment of KRW 30 million since then 25 million, while working as an insurance solicitor at the Defendant’s branch (the former trade name before the change to “the global deposit Korea Insurance Agency of the Co., Ltd.,” regardless of whether it was before or after the change to “the Defendant”), and that the Plaintiff did not separately determine whether to dispute or change the said payment was an essential premise for the judgment on the instant claim.

The contract deposit was agreed to be returned in the event of a specific cause.

B. On November 20, 2011, the Plaintiff issued one promissory note with the face value of KRW 20 million, the issuer, the Plaintiff, and the Defendant in order to secure the return of the down payment that may arise in the future. On November 20, 201, a notary public drafted a notarial deed with respect to the said promissory note under the No. 2579 on the 30th of the same month’s 201 deed with the law firm office.

C. On November 25, 2011, the Plaintiff was registered as an insurance solicitor of Defendant B branch and served until October 27, 2015.

On November 20, 2015, after the Plaintiff’s withdrawal, the Defendant received an execution clause as to the authentic deed of the said Promissory Notes. On November 20, 2015, the Defendant received a seizure and collection order as to the claims regarding the fees, etc. for soliciting insurance contracts to be received by the Plaintiff from Lee Nef Insurance as the obligee, the obligor, and the third obligor, the third obligor, as the amount claimed in the above Promissory Notes amount.

(F) The fact that there is no dispute over the Daegu District Court 2015TTTT 17372.

2. The assertion and judgment

A. The defendant asserts that the plaintiff is entitled to claim Article 3-2 of the contract.

Inasmuch as “the monthly payment of the new insurance contract 100-1.5 million won” stipulated in the paragraph was not achieved, the Plaintiff shall return the down payment to the Plaintiff, and accordingly, compulsory execution based on the authentic deed of the said promissory note prepared to secure the Plaintiff’s obligation to return the down payment.

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