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1. The defendant's notary public against the plaintiff is based on the notarial deed No. 58 of 2010, 2010.
Reasons
1. Basic facts
A. No. 58, 2010, No. 58, face value, “109,000,000 won,” issuance date, “payment date,” “payment date,” “Plaintiff” and “B,” and “Defendant” were issued by a notary public, and a notarial deed stating the acceptance of a written execution that allows immediate compulsory execution if payment to the holder is delayed.
(hereinafter the above Promissory Notes are “the Promissory Notes” and the above Notarial Deed is “the Notarial Deed”. (b)
At the time of the preparation of the Notarial Deed, C submitted a power of attorney to the effect that both the Plaintiff, Defendant, and Defendant were delegated by B, and C prepared the Notarial Deed in the capacity of the issuer and the addressee’s agent.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion is that: (a) the Plaintiff did not issue the Promissory Notes or prepare the Notarial Deed in his name; and (b) even if the authenticity of the Notarial Deed is recognized, the claim of the Promissory Notes has expired by prescription; and (c) the executory power of the Notarial Deed should be excluded.
B. As to the gist of the Defendant’s assertion, the Defendant asserts that ① the Plaintiff signed and sealed the Plaintiff’s letter of delegation for the preparation of the instant authentic deed, both the said promissory note and the authentic deed have been prepared through lawful procedures. ② The Plaintiff lent KRW 80,000,00 to the Plaintiff after receiving a written transaction agreement and a promissory note from the Plaintiff on February 5, 2010, and the Plaintiff did not repay that amount, the extinctive prescription of the instant promissory note claim is not complete.
3. Determination
A. Determination as to the authenticity of the instant notarial deed is made under the name of the Plaintiff No. 2 (Delegation).