1. A notary public Co., Ltd. to the Plaintiff, Co., Ltd., and a monetary loan agreement, No. 266, 2015, signed on June 16, 2015.

1. Basic facts

A. On June 16, 2015, the Defendant’s Intervenor C drafted a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) stating that the Defendant, the debtor’s limited liability company E, joint and several sureties, and the joint and several sureties are the Plaintiff, D, and F, which was entrusted by the Defendant and entrusted by the Defendant on commission from D, etc., on June 16, 2015, and that the Defendant, the debtor, the debtor’s limited liability company E, joint and several sureties are the Plaintiff, D, and F. On June 1, 2015, the obligee specified the due date for repayment as until August 16, 2015, and if the obligor and the joint and several sureties fail to perform their monetary obligations under this contract, the obligor and the joint and several sureties

B. The notarial deed of this case contains a seal affixed to the notarial deed of this case, which is affixed by the name of the plaintiff, and a copy of the plaintiff's driver's license is attached.

C. Around February 2017, the Plaintiff filed a complaint on the ground that G, a son G, stolen his/her driver’s license and commission the preparation of the instant authentic deed as if the Plaintiff were the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4, Eul evidence 1 (including additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion did not participate in the preparation of the notarial deed of this case, and G, the plaintiff's birth, stolen the plaintiff's identification card and let the plaintiff do so like the plaintiff.

Therefore, the Notarial Deed of this case is effective as an executive title.

B. Determination 1) Since the indication of recognition of execution that a notarial deed allows a notary public to have executory power as a title of debt is an act of litigation against a notary public, it is not effective as a title of debt in case where a notarial deed is prepared by a commission of an unauthorized representative (see Supreme Court Decision 2006Da2803, Mar. 24, 2006). The burden of proving that the notarial deed has the power of attorney to prepare such a notarial deed has the effect of proving that the notarial deed has the power of attorney (see Supreme Court Decision 2002Da1814, Jun. 28, 2002).