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1. Defendant C’s KRW 600,000,000 as well as 8% per annum from July 1, 2014 to August 30, 2018.
Reasons
1. Basic facts
A. The Plaintiff had a claim for construction cost of KRW 100 million against Defendant C, and separately lent KRW 500 million to Defendant C.
On June 15, 2012, the Plaintiff and Defendant C entrusted, at the office of law firm D, the preparation of a notarial deed of money loan agreement with the Plaintiff, obligee, obligor: Defendant B, and Defendant B’s agent and obligor: Defendant C’s agent and the notarial deed of money loan agreement with the following contents (a notary public No. 82, 2012; hereinafter “instant notarial deed”).
On September 30, 2008, the creditor of Article 1 (Purpose) lent the amount of KRW 600 million to the debtor and the debtor borrowed it.
Article 2 (Period and Method of Payment) The payment deadline shall be June 30, 2014, and the method of payment shall be the method of lump-sum repayment of principal.
Article 3 (Interest) Interest shall not be paid until June 30, 2014, and shall be paid annually by 8% thereafter.
B. On June 15, 2012, Defendant B did not have an office of the said law firm D, and did not participate in the process of preparing the instant Notarial Deed. Defendant C submitted the power of attorney in the name of Defendant B (hereinafter “the power of attorney in this case”) and entrusted Defendant B with the preparation of the instant Notarial Deed as an agent in the capacity of Defendant B.
C. The instant proxy seal imprints Defendant B’s seal imprint, and Defendant B’s certificate of personal seal impression issued on June 14, 2012 is attached thereto.
[Reasons for Recognition] Defendant B: A without dispute, entry of Gap evidence 1, Eul evidence 1, and the purport of the whole pleadings, as a whole, defendant C: Confession (Article 150(3) and (1) of the Civil Procedure Act)
2. Determination as to the claim against the defendant B
A. 1) The plaintiff C entrusted the preparation of the Notarial Deed with the authority delegated by the defendant B. Accordingly, the defendant B is responsible for the performance of the obligation under the Notarial Deed. 2) The defendant B is responsible for the execution of the obligation under the Notarial Deed.