Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The defendant is a company whose main purpose is indoor construction, C is the same as that of Nonparty D, and D is the same as that of Nonparty D, who is aware of the plaintiff or the plaintiff, E and the plaintiff's business.
B. On the other hand, on November 2, 2010, a notary public prepared a notarial deed with the purport that "the defendant shall pay to the plaintiff 1,054,100,000 won in a lump sum until December 31, 2010, and shall add interest at 20% per annum after the due date" (hereinafter referred to as the "notarial deed of this case). The notarial deed of this case was signed with the phrase "the non-party F entrusted the preparation of the notarial deed of this case on behalf of the plaintiff and the defendant, and the power of attorney on commission was recognized by the power of attorney and the certificate of personal seal impression of the defendant," together with the phrase "the notarial deed of this case was signed by the defendant's corporate seal impression attached to the notarial deed of this case."
[Evidence] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, and the purport of the whole pleadings
2. The assertion and judgment
A. The representative director C of the Plaintiff alleged that the Defendant issued D a corporate seal imprint and a certificate of seal imprint to the Defendant, thereby granting the right of representation for the preparation of the instant notarial deed, and D again granted F the said right of representation to F. As such, the instant notarial deed was prepared based on a legitimate right of representation, and the Defendant is obliged to pay the Plaintiff KRW 1,054,100,000 and delay damages therefrom in accordance with the instant notarial deed.
B. We examine whether the commission of the preparation of the Notarial Deed was based on a lawful power of attorney.
In the instant notarial deed, the Defendant’s corporate seal impression is affixed to the Defendant’s corporate seal impression, and the Defendant’s corporate seal impression certificate is attached to the Defendant’s corporate seal impression certificate, but considering the overall purport of the pleadings, the Defendant did not borrow money from the Plaintiff or E, and the Defendant’s representative director C and D remain.