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(영문) 서울고등법원 2014.11.14 2014나23869

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for the court's explanation concerning this case are as follows, except for the addition of the following judgments as to the assertion that the plaintiff repeats to the judgment of the court of first instance, i.e., "Dong G" in Chapter 2, 9 of the judgment of the court of first instance.

It shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on addition

A. As long as the power of attorney of the Plaintiff’s assertion is not written in the presence of the Defendant, the Defendant was obligated to directly confirm the fact of delegation by telephone to the mandator, etc., despite the fact of delegation, the Defendant confirmed it only by proxy and resident registration certificate, etc., and the Defendant did not make doubt as to whether the G’s seal affixed on the power of attorney was forged or not, but prepared the notarial deed in this case, and subsequently, it was found that

Therefore, the defendant is negligent in examining whether I has legitimate power of representation because he/she did not properly comparison and verify whether the G seal is authentic.

B. 1 First of all, we examine whether a notary public has the duty to directly verify the fact of delegation by telephone to the mandator when the power of attorney has not been prepared in the presence of a notary public.

A notary public law recognizes a commission by an agent. Article 31 provides that where a notary public prepares a deed at the commission of an agent, he/she shall submit a certificate verifying his/her power of representation. In cases of a deed signed by a private person not authenticated, he/she shall submit a certificate of personal seal impression, etc. and shall prove that the deed is authentic. Unlike the plaintiff's assertion, the notary public has a duty to directly confirm the fact of delegation by telephone, etc. to the mandator, etc. on the sole ground that the power of attorney was not prepared in front of a notary public.