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1. Certificates drawn up by the Defendant’s notary public against the Plaintiff on August 8, 2012 by Daejeon General Law Firm, No. 2040.
Reasons
1. Facts of recognition;
A. The Plaintiff’s mother C has made a monetary transaction over several occasions with the Defendant from December 2006 to January 2014.
B. On August 8, 2012, the Defendant prepared a notarial deed of monetary loan agreement No. 2040 of 2012 (hereinafter “notarial deed of this case”) stating the content that a notary public lent KRW 50 million to C and the Plaintiff’s agent at Daejeon General Law Firm, and that “A and C, the Plaintiff, as joint and several, guaranteed the above obligation of KRW 50 million,” and each document stating that “A and the Plaintiff, as joint and several, guaranteed the obligation of KRW 30 million, are accompanied by the Plaintiff’s power of attorney and the Plaintiff’s certificate of personal seal.”
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-3, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that since the plaintiff did not delegate C with respect to the preparation of the notarial deed of this case, the notarial deed of this case is prepared by the commission of an unauthorized representative, and it has no effect as an executive title.
In regard to this, the defendant filed a certificate of personal seal impression after the plaintiff filed a certificate of personal seal impression directly at the time of the preparation of the notarial deed, and the defendant made a currency with the plaintiff at the time of the preparation of the notarial deed. The defendant asserts that the notarial deed of this case was authenticly prepared since C, the mandatory, was issued a certificate of personal seal impression and affixed a seal imprint.
B. The following circumstances, i.e., the Plaintiff’s power attached to the notarial deed of this case, i.e., the Plaintiff’s reproduction written by C, the Plaintiff’s certificate of personal seal impression attached to the notarial deed of this case was issued by C, and C was present at this court as witness, and from the Plaintiff, the Plaintiff was present at this court as witness.