1. The Plaintiff (Counterclaim Defendant) has a debt of KRW 20,000,000 on April 10, 2009 to the Defendant (Counterclaim Plaintiff).

The principal lawsuit and counterclaim shall be judged together.

1. On April 10, 2009, the Plaintiff’s mother of basic facts as the agent of the Plaintiff: “The Plaintiff borrowed KRW 20 million from the Defendant on the same day at maturity of October 10, 2009 and at least 30% per annum for delay damages; if the obligation is not fulfilled, a notary public shall immediately be deemed to have no objection even if compulsory execution is performed; and the Plaintiff’s certificate of personal seal impression was issued to the Defendant on April 10, 2009 as a notary public’s certificate of monetary loan agreement was prepared as No. 271, 209 (hereinafter “notarial deed of this case”); and

(3) The claims of the parties

A. The plaintiff's notarial deed of this case was forged because C prepared to the defendant without the plaintiff's permission, and the plaintiff actually borrowed 20 million won from the defendant on the above notarial deed.

Nevertheless, since the defendant asserts this and sought the payment of the above money, the lawsuit of this case is recognized as a benefit of confirmation.

B. At the time of the preparation of the instant notarial deed by Defendant C, the Plaintiff gave his certificate of personal seal impression to C, which led C to the conclusion of a monetary loan contract with the Defendant for consumption and the preparation of the instant notarial deed. If the Plaintiff did not grant C the right of representation necessary for the preparation of the instant notarial deed, the Plaintiff’s act of issuing his certificate of personal seal impression to C constitutes granting his basic right of representation, and C’s act of presenting the said certificate of personal seal impression and preparing the said notarial deed constitutes an expression agent under Article 126 of the Civil Act.

Meanwhile, even if C’s monetary loan agreement entered into with the Plaintiff constitutes an unauthorized agent, the Plaintiff paid a sum of KRW 24.5 million from November 3, 2009 to September 17, 2013 with the Defendant’s Gwangju Bank Account and E’s account designated by the Defendant, etc., and repaid the instant loan.