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The defendant's notary public against the plaintiff is a process executory deed No. 1007, 2015.
Reasons
1. Basic facts
A. On October 14, 2015, the Defendant, as the Plaintiff’s agent, entrusted a law firm with the preparation of a fair deed stating that “When the payment of a promissory note in this case is delayed, a notary public shall recognize and have no objection thereto even if he/she is immediately subject to compulsory execution” with respect to the issuer, the Plaintiff, the Defendant, the Defendant, and the Plaintiff, the face value KRW 100 million, and the issue date,” and accordingly, the said law firm attorney in charge of notarial acts prepared a fair deed (hereinafter “fair deed in this case”).
B. The instant fair deed is accompanied by a letter of delegation stating that “the Plaintiff delegated the Defendant with the authority to prepare a fair deed regarding the Promissory Notes” (hereinafter “the instant letter of delegation”).
The Plaintiff’s seal impression is affixed to the Plaintiff’s name and next to the Plaintiff’s letter of delegation.
The letter of delegation of this case is accompanied by a certificate of the Plaintiff’s seal impression issued by the Defendant on October 13, 2015.
(c)
The Defendant, as the Plaintiff’s agent, commissioned a notary public to prepare a fair deed with respect to any other promissory note (the issuer, the Plaintiff, the Defendant, the face value KRW 100 million, issue date, October 1, 2015) in a law firm, as well as the attorney-at-law in charge of the said law firm, prepared the fair deed as No. 1008 (hereinafter “Fair Deed”) in 2015.
The plaintiff filed a lawsuit of demurrer to the claim that the certificate of No. 1008 was prepared without the power of representation (the head of Suwon District Court 2018Gudan 532945, hereinafter referred to as "the head of Suwon District Court 2018") and the defendant did not submit a document to the effect that the defendant is dissatisfied with it, and the judgment of winning the plaintiff's pleading becomes final and conclusive.
(d)
In relation to the instant process deed, the power of attorney, etc., the Plaintiff entered the Defendant as an original copy of the process deed and forged private documents.