A. On June 25, 2008, a notary public of June 25, 2008 between the Plaintiff, the Defendant, and the Plaintiff’s spouse D, drafted a Cjoint Law Office No. 755, “The Defendant leased KRW 20,000,000 on June 25, 2008 to the obligor D with the maturity of payment on November 25, 2008 and 30% interest per annum. The Plaintiff as a joint and several surety guarantees D’s obligations. In the event the obligor and the joint and several surety fail to perform their monetary obligations under this contract, a notarial deed (hereinafter “notarial deed”) was drafted under the monetary loan agreement.”

B. The instant deed was prepared upon commission by D on behalf of the Plaintiff.

The certificate of this case contains a statement that “the power of representation on commission is recognized by the power of delegation attached to the certificate of personal seal impression of the principal.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. Since Plaintiff D, with the Plaintiff’s seal impression, entrusted the preparation of the instant deed by forging a power of attorney under the Plaintiff’s name, the part of the Plaintiff’s joint and several debt guarantee is null and void.

Therefore, compulsory execution based on the instant deed against the Defendant against the Plaintiff should be denied.

B. Since Defendant D has the authority to commission the preparation of the instant deed on behalf of the Plaintiff, the instant deed is valid.

3. The indication of the recognition of execution that the judgment notarial deed allows a person to have executory power as an executory power is an act of litigation against a notary public, so in case where a notarial deed is prepared upon a commission of an unauthorized representative, it has no effect as an executory power, and the burden of proving that there is a power of attorney to prepare such notarial deed,

The authenticity of the portion made by a notary public of a notarial deed is presumed to have been made, but the facts which can be recognized by it have been commissioned by an agent to prepare a notarial deed.