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1. A deed of 2014 drawn up on October 10, 2014 by a notary public who belongs to the Seoul Eastern District Prosecutors' Office against the plaintiff of the defendant.
Reasons
1. Comprehensively taking account of the purport of evidence evidence No. 1 of the premised facts, the fact that, as indicated in the order of October 10, 2014, a creditor, a joint and several surety, a defendant, a debtor, a joint and several surety, a corporation, D, E,F, and debt amount of KRW 150 million, the date of borrowing the loan shall be October 10, 2014, and the due date shall be November 10, 2014. When the debtor and joint and several surety fail to perform the above debt, the fact that a notarial deed of a monetary loan agreement for consumption (hereinafter referred to as “notarial deed of this case”) recognizing that there is no objection even if compulsory execution is conducted.
2. The parties' assertion and judgment
A. On June 2014 upon the F’s request by the Plaintiff’s birth, the Plaintiff’s assertion was recorded as an audit by G (hereinafter “G”) established by F on or around June 2014. Around October 2014, F only stated that it is necessary to modify the G’s articles of incorporation, and issued the Plaintiff’s seal impression certificate, etc. to F, and there was no delegation on the instant notarial deed to be recorded as a joint and several surety for Nonparty Company.
However, the defendant's employee C entrusted the preparation of the notarial deed of this case with the plaintiff as joint and several sureties using the plaintiff's seal imprint certificate and the certificate of personal seal received from F.
Therefore, the notarial deed of this case is null and void by the commission of a person who has no legitimate authority to act on behalf of the plaintiff.
B. The plaintiff alleged by the defendant entrusted F with the right to enter the plaintiff in the notarial deed of this case as joint and several sureties, and C, an employee of the defendant, received the plaintiff's seal imprint, certificate of personal seal impression, certified copy and abstract of resident registration card, copy and copy of resident registration certificate, etc., and entrusted F with the preparation of the notarial deed of this case.
C. A notarial deed of relevant legal principles.