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1. Certificates No. 1290 prepared by B, which belongs to the Jeju District Prosecutors' Office against the plaintiff, on August 23, 2013.
Reasons
1. Basic facts
A. On August 23, 2013, C, D, and the Defendant, who were the husband of the Plaintiff, entrusted a notary public to B, set up a notarial deed stating that “A, C, and the Plaintiff are jointly and severally liable and severally liable, and borrowed KRW 40,000,000 from the Defendant on August 23, 2013, and without interest, repayment shall be made in installments, from October 2013 to May 5, 2015.” D, C, and the Plaintiff’s failure to perform this, set up a notarial deed stating that “No objection is raised even if compulsory execution is conducted immediately” (hereinafter referred to as “notarial deed of this case,” and see subparagraph 1.
B. The notarial deed of this case was accompanied by a letter of delegation that the Plaintiff delegated C the authority to commission C to prepare the instant authentic deed and a certificate of the Plaintiff’s personal seal impression issued by C on behalf of the Plaintiff.
The letter of delegation contains the plaintiff's name and the plaintiff's seal impression is affixed next to the letter of delegation.
C. After that, the Defendant filed a request for auction of corporeal movables with Jeju District Court No. 2014No714 on the basis of the instant notarial deed, and received a seizure and collection order against the Plaintiff’s deposit claim as Jeju District Court No. 2014TT No. 4927 on August 22, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 (including evidence attached with a serial number), the purport of the whole pleadings
2. Determination
A. (1) The Plaintiff’s assertion (1) belongs to the Plaintiff, and received the Plaintiff’s seal imprint, and commission the Plaintiff to prepare the instant notarial deed as an agent of joint and several obligors using the Plaintiff’s seal imprint, and thus, the instant notarial deed is null and void by the commission of C, which is an unauthorized agent.
(2) For the following reasons, the instant notarial deed is effective against the Plaintiff.
(A) C had lawfully granted the Plaintiff the power of representation and entrusted the preparation of the instant notarial deed.
(B) Even if C is not a legitimate agent of the Plaintiff, C shall obtain permission from the Plaintiff’s husband.