A. On July 30, 2008, D, the Plaintiff’s former spouse, delayed the repayment of the borrowed amount while borrowing money from the Defendant, and on July 30, 2008, D, the obligee, the Plaintiff, and D lent KRW 245,00,000 to the obligor on July 30, 2008, and the obligor borrowed the borrowed amount. The obligor shall pay KRW 1,250,000 in installments from September 25, 2008 to the obligor. The obligor drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”). The obligor’s failure to perform a monetary obligation under this contract, i.e., acceptance of compulsory execution., written a notarial deed of a monetary loan agreement of this case as stipulated under Paragraph (1) of the main text stating

B. D prepared the instant notarial deed as an agent of the Plaintiff, and submitted a proxy certificate under the Plaintiff’s name and a certificate of the Plaintiff’s personal seal impression in order to verify the right of representation.

[Ground of recognition] The non-contentious facts, entry of Gap evidence 2, and the result of the commission to send documents on March 5, 2019, the purport of the whole pleadings

2. Determination

A. 1) Plaintiff D, without obtaining any authority from the Plaintiff, has forged the power of attorney in the name of the Plaintiff and received a certificate of personal seal impression from the Plaintiff, and entrusted the preparation of the instant notarial deed by submitting it to a notary public. Of the instant notarial deed, the part that the Plaintiff borrowed money from the Defendant and received compulsory execution from the Defendant is null and void. Therefore, Defendant D’s compulsory execution on the basis of the instant notarial deed against the Plaintiff should be denied. Accordingly, Defendant D was the Plaintiff’s spouse, and the Plaintiff was aware of the Plaintiff’s obligation against the Defendant at the time of the preparation of the instant notarial deed. Accordingly, D was authorized to commission the Plaintiff to prepare the instant notarial deed on behalf of the Plaintiff.

B. The indication of the recognition and recognition of execution that a notarial deed 1 is entitled to have executory power as an executory title is an act of litigation against a notary public, so a notarial deed is not effective as an executory title in case where it is prepared by a commission of an unauthorized representative.