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1. It is based on the original copy of a notarial deed with executory power of 542, 2014 against the defendant's plaintiff.
Reasons
1. Basic facts
A. On September 24, 2014, a notary public’s office: (a) on the commission of the Defendant’s agent C and D, the notary public drafted a notarial deed as indicated in Paragraph (1) of the Disposition No. 1 of which the Defendant is the obligee, D, the obligor, and the Plaintiff as a joint and several surety (hereinafter “instant notarial deed”).
D The said notary office represented the Plaintiff by submitting a letter of delegation (No. 2; hereinafter referred to as “instant letter of delegation”) with the seal affixed to the Plaintiff’s name affixed to the said notary office.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. Relevant legal principles 1) The indication of recognition and recognition of execution that a notarial deed allows a notary public to have executory power as an executory power is an act of litigation against a notary public, and in case where a notarial deed is made upon a commission of an unauthorized representative, it has no effect as an executory power (see, e.g., Supreme Court Decision 2006Da2803, Mar. 24, 2006). 2) The burden of proof as to the existence of an executory power to make such a notarial deed is a creditor who claims its effect, and the establishment of the authenticity of the notarial deed is presumed to have been made by a notary public, but it is not naturally recognized that the agent merely entrusted the preparation of the notarial deed,
(See Supreme Court Decision 2002Da18114 delivered on June 28, 2002) and seal imprint and seal imprint are merely one material that can recognize the right of representation, and thus, it does not recognize the right of representation to enter into a joint and several surety contract for a money loan or to commission the preparation of a notarial deed for a money loan (see Supreme Court Decision 2008Da42195 delivered on September 25, 2008). B. 1) The fact that the Plaintiff issued a certificate of seal imprint to D is without dispute between the parties, and D entrusts D with the preparation of the notarial deed in this case.