1. The Defendant’s notary public against the Plaintiff is a law firm, No. 458, May 31, 2012, No. 458.

1. Facts of the dispute

A. On May 31, 2012, a notary public made a notarial deed in a monetary loan agreement as stated in paragraph (1) of this Article (hereinafter “notarial deed”) with the commission of a law firm in the Republic of Korea (hereinafter “instant text”).

The above monetary loan contract was signed by the defendant as the creditor, as the debtor, and as the plaintiff and D as the joint guarantor, and as the representative of the plaintiff, defendant, C, and D, B entrusted the preparation of the Notarial Deed in the capacity of the representative of the plaintiff, defendant, and D.

(Purpose) On May 25, 2012, a creditor of Article 1 (Purpose) of the Notarial Deed of Loan for Consumption was lent KRW 13,134,139 to the debtor, and the debtor borrowed it.

(Interest) The interest rate shall be 36.5% per annum.

Article 5 (Compensation for Delay) If the obligor delays the repayment of the principal or interest, 36.5% per annum on the delayed principal or interest shall be paid to the obligee.

Article 8 (Joint Guarantee) (1) The surety has promised to guarantee the debtor's obligation under this Agreement and to discharge his obligation jointly with the debtor.

(2) The maximum amount of the surety debt of the guarantor is 13,134,139 won.

Article 9 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized and recognized that there is no objection even if they are immediately subject to compulsory execution.

B. C is the Plaintiff’s reference.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 and 4 evidence, purport of the whole pleadings

2. The plaintiff's summary of the plaintiff's assertion did not grant B the authority to commission the preparation of the notarial deed of this case.

Therefore, the notarial deed of this case is null and void, and compulsory execution based thereon must be rejected.

3. Determination

A. Since an expression of intent of recognition and recognition that a notarial deed 1 of the relevant legal principles allows a person to have executory power as an executory title is an act of litigation against a notary public, in case where a notarial deed is prepared by a commission of an unauthorized representative, it shall be effective