beta
Text
1. The Plaintiff’s law firm C’s debt repayment contract No. 416 of the 2009 deed drawn up by March 13, 2009.
Reasons
1. Basic facts
A. On March 13, 2009, the attorney-at-law in charge of the authentication of the law firm C prepared a notarial deed on the order that "the plaintiff shall bear 25,000,000 won in accordance with the monetary loan certificate signed on October 28, 2008 against the defendant, and the plaintiff shall pay by March 23, 2009, and if the plaintiff fails to perform the above monetary obligation, he/she shall be immediately notified that he/she has no objection even if he/she is subject to compulsory execution" (hereinafter referred to as "notarial deed of this case"). At the time, the defendant requested the preparation of the notarial deed as the principal and the plaintiff's agent.
B. On October 28, 2008, the above attorney-at-law in charge of authentication verified the power of representation regarding the preparation of the Notarial Deed through a power of attorney on the preparation of the Notarial Deed accompanied by the Plaintiff’s certificate of personal seal impression (hereinafter “the proxy of this case”). The Plaintiff’s certificate of personal seal impression affixed to the Plaintiff’s name.
C. On March 17, 2009, C sent a notice informing the Plaintiff of the preparation of the instant authentic deed (hereinafter “instant notice”) by registered mail.
【Reasons for Recognition】 Each description of evidence Nos. 1, 2, and 3 (including, if any, the number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1) The plaintiff did not borrow money from the defendant, and there was no power of attorney to entrust the preparation of the notarial deed of this case to the defendant. Thus, 25,000,000 won based on the notarial deed of this case and its interest obligation (hereinafter "the monetary obligation of this case").
(B) On October 28, 2008, the Defendant lent KRW 25,000,000 to the Plaintiff at interest rate of 2% per month. On March 13, 2009, the Defendant obtained the power of attorney attached with his certificate of personal seal impression from the Plaintiff and prepared the notarial deed on behalf of the Plaintiff.