1. The Defendant’s document drawn up in C by a notary public against the Plaintiff is based on the No. 79 of the Money Loan Agreement No. 2018.

1. On January 31, 2018, according to the commission of the plaintiff, Eul who represented the plaintiff, and the defendant, on January 31, 2018, D borrowed KRW 20 million from the defendant on January 30, 2018 at the rate of 24% per annum from the plaintiff on January 30, 2019 and interest rate. The plaintiff and E stand joint and several surety for the plaintiff's monetary obligation, and if the plaintiff, D, and E fail to perform the above monetary obligation, a notary public's notarial deed of monetary loan agreement (hereinafter referred to as "notarial deed of this case") No. 79 of 2018 was prepared to the effect that they are immediately subject to compulsory execution.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2 evidence, witness E's testimony, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff E does not have the authority to write the notarial deed of this case on behalf of the plaintiff, but entrusted the preparation of the notarial deed of this case as the representative of the plaintiff. Thus, the notarial deed of this case against the plaintiff is not effective as an executive title, and compulsory execution based on the notarial deed of this case must not be permitted.

(2) The Plaintiff granted the right of representation to prepare the instant notarial deed by issuing to Defendant E a letter of delegation and a certificate of personal seal impression directly issued to Defendant E with his seal imprint affixed thereto. As such, the instant notarial deed is valid in relation to the Plaintiff.

C. (1) Determination (1) The indication of the recognition of execution, which allows a notarial deed to have an executory power as a title of debt, is an act against a notary public. Such an act of litigation cannot be applied or applied mutatis mutandis under the provisions of the Civil Act. In a case where a notarial deed is prepared by a commission from an unauthorized representative, the said act of litigation shall not be effective as a title of debt (see, e.g., Supreme Court Decision 2000Da45303, 45310, Feb. 23, 2001). The burden of proof as to the existence of an executory power to prepare such notarial deed shall be deemed to have the effect of a creditor