logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원홍성지원 2016.12.22 2015가합1793
청구이의
Text

1.(a)

A notary public against the Plaintiff (Counterclaim Defendant) of the Defendant Counterclaim Co., Ltd. written on December 4, 2012 by the Law Firm Songwon.

Reasons

1. Basic facts

A. On December 4, 2012, C, the Plaintiff’s former wife, as the Plaintiff’s agent, issued one copy of Promissory Notes (hereinafter “instant Promissory Notes”) with “Plaintiff C, the Defendant, the face value of KRW 200,000,000,000 as the date of payment, and Seoul at the place of payment at the place of payment at the place of publication,” and the Defendant holds them as the Defendant’s agent.

B. On December 4, 2012, C drafted a power of delegation in the name of the Plaintiff (hereinafter “instant power of delegation”) to the effect that “the Plaintiff shall recognize compulsory execution upon default of the Promissory Notes.”

C. On December 4, 2012 at the request of C and the Defendant, the notarial deed of promissory notes No. 1567 (hereinafter “notarial deed of this case”) was drafted on December 4, 2012, to the effect that “C, as an agent of the issuer, is the issuer and is the issuer of the Promissory Notes, as the holder of the issuance and signature and seal of the Promissory Notes, and as a result, recognizes compulsory execution at the time of delay.”

On July 15, 2015, the defendant applied for a compulsory auction on the real estate owned by the plaintiff according to the notarial deed of this case and started the procedure of compulsory auction.

On September 2015, the Plaintiff and C shared the agreement around 2015.

[Ground of recognition] Facts without dispute, entry of Gap 1, 3, and 4 evidence, purport of the whole pleadings

2. Determination on the main claim

A. (1) Determination as to the cause of a claim 1) Where a notarial deed is prepared by means of a notarial deed as an agent, the seal imprint design and a certificate of seal imprint are merely one of the materials that can recognize the right of representation, and therefore, the right of representation to commission the preparation of a notarial deed is not recognized as a matter of course, and the burden of proof as to the existence of the right of representation

(See Supreme Court Decision 2008Da42195 Decided September 25, 2008). (B) The above facts of recognition and evidence Nos. 1, 3, 5, and 2 of evidence No. 1, 3, 5, and 2 of evidence No. 2 (with a serial number) are included.

arrow