1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. Since the Plaintiff D borrowed from the Defendant without the Plaintiff’s power of attorney and prepared the instant notarial deed, compulsory execution based thereon shall be denied.

B. As the Plaintiff received the borrowed money from the Defendant under his name as the passbook and directly paid the interest, D is the Plaintiff’s agent.

2. Facts of recognition;

A. The Plaintiff left D with the operation of the Frant located in the Gu E and 2 (hereinafter “instant E”), and kept “the Plaintiff’s seal imprint, personal seal impression, resident registration certificate, and resident registration certificate copy” to the instant E Ete in advance on August 24, 2015.

B. D prepared a power of attorney using the Plaintiff’s seal imprint, accompanied by the Plaintiff’s certificate of personal seal impression, resident registration certificate, and resident registration certificate copy, and borrowed KRW 33 million from the Defendant on October 14, 2015 as the Plaintiff’s agent, on November 13, 2015. However, D provided the Defendant with corporeal movables, such as shock cases, in the instant marina, as security for transfer, and written the instant authentic deed with the content that D is jointly and severally liable for the said borrowed debt.

C. On October 14, 2015, the Defendant remitted KRW 30 million to the bank account under the Plaintiff’s name.

On December 7, 2015, the Plaintiff entered the Defendant’s office together with D on December 7, 2015, paid KRW 1 million in cash as interest to the Defendant, and remitted KRW 5 million to the Defendant. The Defendant prepared a receipt that received KRW 6 million.

E. On January 4, 2016, the Plaintiff filed a complaint against D on the charge of forging private documents and uttering of falsified documents. On February 24, 2016, the Plaintiff was subject to the disposition of suspending prosecution by the Deputy Branch Office of the Incheon District Prosecutors’ Office.

(F) A notary public sent a notice to the Plaintiff’s address on the certificate of personal seal impression attached to the power of attorney pursuant to Article 13 (Notice to the Plaintiff) of the Enforcement Decree of the Notary Public Act. The Plaintiff sent a reply to fact finding.

[Grounds for recognition] Gap evidence 1 to 7, Gap evidence 11 to 11.