logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2015.02.06 2013가합204696
청구이의
Text

1. The Defendant’s notary public against the Plaintiffs is a law firm D, No. 878, October 4, 2010, a promissory note No. 878.

Reasons

1. Basic facts

A. On October 4, 2010, the Plaintiffs and E, with joint issuers, issued, in blank, an addressee shall be KRW 7.8 billion in face value; the place of issuance and payment; the date of payment, Seoul Special Metropolitan City, and the date of payment, in blank, a promissory note with a mandatory column on the letter of delegation for the preparation of the authentic deed of a bill; and a promissory note with a statement that delegates the authentic deed to the aforesaid contents, together with the Plaintiffs’ certificate of personal seal impression and corporate seal impression.

B. On the same day, Plaintiff A’s bank account (G) opened with the Defendant as depositee, and KRW 6 billion was deposited. Of which, KRW 3.2 billion was withdrawn from H’s account that was held by F as representative director, the Defendant was deposited as depositee, and KRW 2 billion was also deposited from F’s account as depositee, and the Defendant was also deposited from F’s account as depositee.

C. The plaintiff A withdraws the full amount of KRW 6 billion on the same day, and the amount of KRW 4 billion out of which was paid by F as the debt repayment, and KRW 2 billion was paid by E.

On the same day, when a notary public delays the payment of a bill under the 2010 No. 878 of D No. 2010, a promissory note notarial deed (hereinafter referred to as the “notarial deed of this case”) was prepared to the effect that no objection is raised even if he/she is immediately subject to compulsory execution. The addressee of a promissory note was supplemented by the defendant, and the defendant was commissioned to prepare a notarial deed by the agent of the issuer who is also the

E. On March 2011, the Defendant applied for auction of real estate owned by the Defendant on the basis of the instant authentic deed and received dividends of KRW 530,220,000 around October 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 8, 26, Eul evidence No. 19 (including the number with each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The allegations by the parties and the judgment thereof

A. The plaintiffs' assertion (1) is asserted.

arrow