When C representing the Plaintiff delays the payment of the amount of the Promissory Notes to the bearer of the Promissory Notes in question with the Defendant, a notarial deed in Paragraph (1) of the same day (hereinafter referred to as the “notarial deed of this case”) was prepared by commissioning the Plaintiff to the effect that no objection is raised even if compulsory execution is being carried out immediately.

【Ground for recognition】An absence of dispute, Gap’s 4, Gap’s 5-1, and 2

2. The assertion and judgment

A. The Plaintiff’s assertion C issued the Promissory Notes on behalf of the Plaintiff without the Plaintiff’s consent and entrusted the preparation of the Notarial Deed.

Thus, the Promissory Notes of this case and the Notarial Deed of this case are null and void. Thus, the non-permission of compulsory execution based on the Notarial Deed of this case and the non-existence of the Plaintiff’s obligation is sought.

B. In light of the relationship between the Plaintiff and C, the instant promissory note, and the Defendant’s residence together with the Plaintiff at the time of the preparation of the authentic deed, etc., it is insufficient to recognize that the Plaintiff granted C the right to representation regarding the issuance of the instant promissory note and the preparation of the instant authentic deed only on the sole basis of the fact that C had the Plaintiff’s certificate of personal seal impression (issuance by proxy) and seal impression,

Therefore, since the Promissory Notes and the Notarial Deed of this case are null and void, the refusal of compulsory execution based on the Notarial Deed of this case and the plaintiff's claim seeking confirmation of non-existence of the plaintiff's obligation based on the Promissory Notes of this case shall be accepted