1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The plaintiff is a son of B, and the defendant is a company with a claim for the price of goods against C operated by B.

B. On August 21, 2012 between the Plaintiff, Defendant, and B, a notary public prepared a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) stating that “The debtor B borrowed KRW 443,871,640 from the Defendant on August 30, 2012 and borrowed KRW 443,871,640 from the Defendant on the due date set by the obligee on August 21, 2012, the Plaintiff, a joint and several surety, who is a joint and several surety, and if the debtor and joint surety fail to perform their monetary obligations under this contract, they shall be informed that there is no objection even if they are immediately subject to compulsory execution.” At the time, B, his father, the Plaintiff, as his father, represented the Plaintiff at the time.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff did not delegate his authority to entrust the Plaintiff with the preparation of the Notarial Deed, B entrusted the preparation of the Notarial Deed using the Plaintiff’s seal impression and the Plaintiff’s seal impression, the said Notarial Deed is null and void as it is by the commission of preparation by an unauthorized Representative. Therefore, compulsory execution based on the Notarial Deed should be denied.

B. The plaintiff alleged by the defendant entrusted the right to request the preparation of the notarial deed of this case to B, his father, and even if B entrusted the preparation of the notarial deed of this case without any authority, in light of the fact that the plaintiff was notified of the preparation of the notarial deed of this case and did not raise any objection to the defendant until the filing of the lawsuit of this case, execution based on the notarial deed of this case shall be allowed.

3. Judgment on the existence of legitimate representation right

A. The indication of recognition of execution that a notarial deed of law allows a person to have executory power as an executory title is a procedural act against a notary public.