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(영문) 대전지방법원 2018.08.30 2015가단222620
청구이의
Text

1. A notary public belonging to the Daejeon District Public Prosecutor's Office against the plaintiff of the defendant in Daejeon District Public Prosecutor's Office prepared on May 18, 2007 by C joint office.

Reasons

1. According to Gap evidence Nos. 1, 9, 17, and Eul evidence Nos. 8, a notary public belonging to the Daejeon District Public Prosecutor's Office prepared a notarial deed (hereinafter referred to as the "notarial deed of this case") recognizing the plaintiff's unpaid principal and interest of 180,00,000 won upon borrowing money from the plaintiff's agent D and E on May 18, 2007 with the commission of the plaintiff's agent D and E on November 30, 2002, and allowing the plaintiff to repay the above 180,000,000 won until May 20, 207. When the plaintiff delays the above repayment, the notary public belonging to the Daejeon District Public Prosecutor's Office prepared a notarial deed with the content that he did not raise any objection even if he was subject to compulsory execution from E, and the fact that E transferred the claim to the plaintiff under the No. 3925 on November 30, 2002 with the consent of the plaintiff as the assignee's execution clause of this case.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion is the cause of the instant claim. In fact, the Plaintiff did not borrow money from E on November 30, 2002 or bear the obligation to pay KRW 180,000,000 to E at the time of the preparation of the instant authentic deed. However, the Plaintiff seeks to refuse compulsory execution based on the instant authentic deed by asserting that the Plaintiff prepared a false cash storage certificate with the purport that he/she raised funds from E in the auction procedure of real estate F, G, H, I (Dual) with the Daejeon District Court F, G, H, and I (Dual) and accordingly entrusted the preparation of the instant authentic deed.

B. (i) The following facts are acknowledged in full view of each of the statements in Gap evidence Nos. 2 through 6, 8, 11 through 16, 18, and Gap evidence No. 10-1, 2, and Eul evidence Nos. 2 and 5.

J has acquired K Co., Ltd. (hereinafter referred to as K) around June 1995, but K is responsible for the joint and several liability due to the default of L Co., Ltd.

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