A. On April 28, 2014, C, the Plaintiff’s birth, entered into an entrustment contract for D truck with the Defendant, who is engaged in trucking transport business. Around that time, C, the Defendant’s representative director, issued a promissory note (the issuer C and the Plaintiff, the Defendant, and the Defendant; hereinafter “instant promissory note”), a notarized mandate, and a certificate of personal seal impression.

B. The Plaintiff’s seal impression is affixed to the Plaintiff’s name side of the issuer’s column of the Promissory Notes and the Plaintiff’s name in the delegation column of notarial delegation letter, and the Plaintiff’s personal seal impression issued directly around that time is attached thereto.

C. On June 19, 2014, E, based on the foregoing notarized mandate, a notary public drafted the issuer’s certificate of Taean Law Firm No. 953, as the Plaintiff and C, and the payee’s 50 million won as the Defendant (hereinafter “notarial deed of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence No. 1 (if any, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Since the Plaintiff’s assertion was involved in the preparation of the instant notarial deed under the conditions that the Plaintiff, while lacking mental capacity, was involved in the preparation of the said notarial deed, the part against the Plaintiff in the instant notarial deed cannot be deemed as a deadline for invalid declaration of intention.

(b) 1 capacity to make a determination means not only the ordinary meaning of an act but also the legal meaning or effect that a juristic act is given where it is difficult to understand only the ordinary meaning of the act in a case where it is given with a special legal meaning or effect that it is difficult to understand only the ordinary meaning.