청구이의
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. Plaintiff B is the representative director of Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) and Plaintiff B is the husband of Plaintiff B.
B. On September 5, 2017, the Defendant: (a) designated the Plaintiff Company as the Defendant, the Plaintiff Company, the Plaintiff Company, the Joint and Several sureties, and the Plaintiff B and E, which are joint and several sureties; (b) lent KRW 30 million to the Plaintiff Company at the rate of 25% per annum on December 31, 2017; and (c) if the Plaintiff Company delayed the payment of principal and interest, it entrusted the Plaintiff Company with the preparation of a notarial deed written in the purport of the claim that permits compulsory execution (hereinafter “instant notarial deed”).
C. E entrusted the preparation of the instant notarial deed in the capacity of the Plaintiff Company and Plaintiff B’s agent, and submitted delegations attached to the Plaintiffs’ certificate of the personal seal impression in order to verify the power of representation.
[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings
2. The Plaintiff’s assertion E does not have the power of representation granted by the Plaintiffs, but instead, entrusted the Plaintiffs with the preparation of the instant notarial deed by forging the Plaintiffs’ power of attorney. Thus, the instant notarial deed is null and void as it is by an unauthorized representation.
Therefore, compulsory execution based on the notarial deed of this case against the plaintiffs should not be permitted.
3. The reasoning of each evidence Nos. 3 and 4 alone is insufficient to acknowledge the fact that E, without authority, forged the plaintiffs' power of attorney and entrusted the preparation of the No. 3 and 4 of this case, and there is no other evidence to prove otherwise.
Rather, in light of the following circumstances, it is reasonable to view that E legally obtained power of representation from the Plaintiffs and commission the preparation of the instant authentic deed.
Therefore, the plaintiffs' assertion on a different premise is without merit.
(1) E shall prepare the notarial deed of this case from Plaintiff B.