A. D, on August 25, 2009, drawn up a power of attorney (hereinafter referred to as “the power of attorney of this case”) that confers the Plaintiff’s power of attorney to commission the Defendant to draw up a notarial deed of borrowed money (hereinafter referred to as “the power of attorney of this case”) by means of the Plaintiff’s seal imprint, and a certificate of personal seal impression

B. On March 25, 2009, the defendant, using the above power of attorney D, prepared a notarial deed No. 1062 of the C Deed No. 2009 (hereinafter referred to as the "notarial deed of this case") by a notary public with the content that "the defendant shall set the period of repayment to D on August 25, 2009, with the debtor D set at 2% per month, and with the interest rate set at 60,000,000 won, and the plaintiff shall guarantee the above obligation of D, and if the debtor and the joint guarantor fail to perform the above obligation, they shall immediately be subject to compulsory execution."

C. Based on the instant notarial deed, on March 19, 2018, the Defendant filed an application against the Plaintiff for the attachment and collection order of the claim No. 2018TT No. 4383, and this court rendered a decision of acceptance on March 22, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Despite the absence of the fact that the Plaintiff delegated D with the authority to commission D to prepare the instant Notarial Deed, D prepared the instant Notarial Deed with the Defendant, and thus, the instant Notarial Deed is null and void by an unauthorized Agent. (B) The Defendant’s assertion 1) delegated D with the authority to prepare the instant Notarial Deed, and thus, the instant Notarial Deed is valid.

2 even if the notarial deed of this case was prepared by an unauthorized Representation, the Plaintiff ratified the act of unauthorized Representation, since the Plaintiff did not raise any objection even after becoming aware of the fact that the notarial deed of this case was prepared by the Unauthorized Representation.

3. Determination

(a) judgment on the existence of legitimate representation rights 1.