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1. The defendant's notary public against the plaintiff was a law firm, 309, No. 771, Dec. 14, 2009.
Reasons
1. Basic facts
A. The Plaintiff is a juristic person which causes 50 million capital, and the Defendant is the person who was the representative director of the Plaintiff from July 2007 to March 2012.
B. On December 14, 2009, the Defendant: (a) as the representative director of the Plaintiff, a notary public located in Seocho-gu Seoul Metropolitan Government lent KRW 670,765,80 to the Plaintiff on December 14, 2009; and (b) the Plaintiff borrowed from the Plaintiff the money. The Plaintiff repaid KRW 670,765,80 to the Defendant on March 14, 2010; (c) interest and delay damages on the said amount shall be KRW 30% per annum; and (d) if the said amount is not performed, a notary public entrusted the preparation of an authentic deed of a monetary consumer loan agreement with the content that “if there is no objection even if there is no objection,” and on the same day, a notary public drafted the authentic deed of a monetary consumer loan agreement (hereinafter “notarial deed of this case”).
[Ground of recognition] Evidence No. 1-1, Evidence No. 3-1, Evidence No. 2, and Evidence No. 10
2. Determination
A. The instant notarial deed constitutes an act of conflict between directors and the company that the Plaintiff Company bears the obligation to the Defendant, the representative director, and thus, the Defendant’s commission of the preparation of the instant notarial deed to the Defendant as the representative director of the Plaintiff, as a matter of principle, constitutes an act requiring the approval of the Plaintiff’s board of directors pursuant to Article 398 of the Commercial Act (amended by Act No. 10060, Apr. 14, 201). However, since the Plaintiff’s total amount of capital is less than five hundred million won, the preparation of the instant notarial deed is an act requiring a resolution of the general meeting of shareholders in lieu of the approval of the board of directors.
B. Therefore, as to whether there was a resolution of the general meeting of shareholders of the Plaintiff Company in the preparation of the instant authentic deed.