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1. The plaintiff's claim is dismissed.
2. On July 4, 2019, this Court rendered an application for the suspension of compulsory execution, with respect to the case of applying for the suspension of compulsory execution.
Reasons
Basic Facts
A. On May 16, 201, the Defendant appeared at the joint law office as the obligee and the obligee’s agent, and the Plaintiff borrowed KRW 45,00,000 from the Defendant on April 20, 201, and the said borrowed amount shall be paid at KRW 1,00,000 on the last day of each month from May 201 to January 2015, and the interest rate shall be KRW 1.7% per annum, and if the Plaintiff fails to perform his/her monetary obligation, the Defendant entrusted the preparation of a notarial deed (Evidence 1; hereinafter referred to as “notarial deed”) stating that the Plaintiff did not raise any objection even if he/she is immediately subject to compulsory execution, and on the same day, the said notarial deed was prepared with the same content as above.
B. The power of attorney (No. 2; hereinafter referred to as "the power of attorney in this case") presented at the time of the commission of the notarial deed in this case is printed in the same letter stating that "the above person shall be designated as his agent and shall delegate all the authority to commission the preparation of the notarial deed concerning the following matters and shall grant permission as stated below." The plaintiff entered the amount of the said power of attorney in the letter of debt in the letter of the above letter of attorney's debt "Seo Man Man (Seo Man, April 201)," "Plaintiff," "in the debtor column," "in the debtor column," and in the due date and due date column, 1.7% per annum (3,000,000 per annum, interest column," and the plaintiff's seal impression was affixed on the right side of the above delegation column.
The delegation is accompanied by a certificate of personal seal impression issued by the Plaintiff on March 9, 2019.
[Ground of recognition] The plaintiff did not have any dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings. The plaintiff asserted that the plaintiff borrowed money from the defendant or entered into a loan agreement for consumption.
The plaintiff, while running a partnership business with the defendant, prepared a letter of delegation of this case on the ground that the defendant lent business funds to another place.