A. On December 11, 2012, Nonparty C, a spouse of the Plaintiff, borrowed KRW 110,000,000 from the Defendant, with the interest rate of KRW 3% per month and the due date of repayment on December 28, 2012 respectively.

B. On December 12, 2012, in relation to the above monetary loan for consumption, a notary public with the content that Nonparty D commissions the Plaintiff on behalf of the Plaintiff and C as an obligor, and a notary public with the content that C as a joint surety was a notarial deed of a monetary loan agreement No. 5334 of the 2012 document (hereinafter “notarial deed of this case”) was drafted.

C. The Plaintiff filed an application with the Defendant for the suspension of compulsory execution based on the instant notarial deed with the Jeonju District Court 2015Kadan115, and this Court rendered a decision to suspend compulsory execution until the instant judgment was rendered on December 7, 2015.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 5, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion in this case notarized a monetary loan contract for consumption prepared by C by stealing the Plaintiff’s seal, and the Plaintiff did not confer a power of attorney to commission D to prepare the instant notarial deed. Thus, the instant notarial deed was made by commission of an unauthorized representative, and thus is not effective against the Plaintiff.

Since the defendant's compulsory execution based on the notarial deed of this case against the plaintiff should not be permitted.

B. The Defendant’s assertion of this case was made by the D’s entrustment with the power of representation granted by the Plaintiff, and is effective against the Plaintiff.

3. The error of judgment and the indication of recognition and recognition that a notarial deed allows a notary public to have an executory power as an executory power is an act of litigation against a notary public, so in case where a notarial deed is prepared by a commission of an unauthorized representative, it is not effective as an executory power (see, e.g., Supreme Court Decision 2000Da45303, 45310, Feb. 23, 2001). The burden of proving that such notarial deed has an executory power to prepare it