1. The Defendant’s notary public against the Plaintiff, No. 799, Mar. 27, 2013, No. 2013, 2013.

1. On March 27, 2013, Nonparty C, as an obligor and an agent of the Plaintiff, borrowed the amount of KRW 15 million from the Defendant on March 27, 2013 at the law firm clerk, at the rate of 2.5% per month, and the said amount is to be repaid until June 30, 2013, and the Plaintiff is to provide joint and several sureties. If the obligor and the joint and several sureties fail to perform their monetary obligations under this contract, Nonparty C, as an agent of the Plaintiff, prepared a notarial deed of the Monetary Loan Agreement (hereinafter “notarial deed of this case”), No. 799 of 2013, which provides that “When the obligor and the joint and several sureties fail to perform their monetary obligations under this contract, Nonparty C was immediately aware of the absence of objection,” and on the same day, the notarial deed of this case was prepared on the same day.

[Ground of recognition] The absence of dispute, Gap evidence No. 1, and the result of fact-finding by a notary public on the law office Seom

2. The allegations by the parties and the determination thereof

A. The Plaintiff asserts that the Plaintiff’s mother, his mother, entered into a joint and several guarantee agreement with the Defendant, which would bring his own resident registration certificate or seal imprint, and that the instant notarial deed is null and void as it entrusted the preparation of the instant notarial deed.

As to this, the defendant asserts that the notarial deed of this case is valid since the plaintiff and C are simplified, and the plaintiff obtained a certificate of personal seal impression to C, and the certificate of this case is prepared with the certificate of personal seal impression and resident registration certificate.

B. In the event that a third party entrusts the preparation of a notarial deed as the debtor's agent, the circumstance that the third party entrusts the preparation of a notarial deed with the debtor's seal impression certificate, certificate of personal seal impression, or identification certificate is only one of the materials that can recognize the right of representation, and thus does not necessarily mean that the third party entrusts the preparation of a notarial deed on behalf of the debtor, and the burden of proving that the notarial deed has the right

Supreme Court Decision 201No. 14, 201