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(영문) 수원지방법원 2016.03.24 2015나30623
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C (the divorce between October 7, 2015 and the agreement on October 7, 2015) that was the husband of the Defendant had a debt of KRW 30 million to the Plaintiff around July 6, 2006.

B. On July 6, 2006, the above C issued to the Plaintiff a promissory note (hereinafter “the Promissory note in this case”) with the term “ issuer B (Defendant), the payee A (Plaintiff), the face value of KRW 30,000,000, and the date of issuance July 6, 2006, and the date of payment on July 30, 2007,” and the notary public commissioned the Plaintiff to prepare a authentic deed of promissory notes in his capacity as the Defendant’s agent at the D office of the other State General Law Office of Law.

C. Accordingly, the Notarial Deed No. 416 of 2006, No. 416, No. 2006, No. 416, No. 2006, stating the declaration of intent to recognize compulsory execution on July 6, 2006 (hereinafter “No. notarial Deed”). At the time the said No. notarial Deed was prepared, the plaintiff and C attended, and the defendant did not attend.

On the other hand, C submitted to the above notary public’s office a letter of delegation under the name of the defendant (hereinafter “instant letter of delegation”) and a certificate of personal seal impression under the name of the defendant (hereinafter “certificate of personal seal impression”) on the ground of delegation entrusted by the defendant on behalf of the defendant when entrusting the preparation of the instant notarial deed.

The certificate of the instant seal impression was issued by the Defendant on July 5, 2006, the day immediately before the issuance date of the Promissory Notes.

E. On July 7, 2006, the above notary public sent to the defendant a notice stating the preparation of the Notarial Deed of this case by registered mail (the next grade).

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Defendant borrowed KRW 30 million to the Plaintiff.

C The Promissory Notes were issued as a legitimate representative of the Defendant and entrusted the preparation of the Notarial Deed.

B. The defendant is against the plaintiff.

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