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1. The Defendant’s notary public against the Plaintiff is the authentic copy of the No. 142 No. 142 of the No. 2017.
Reasons
1. Basic facts
A. On June 10, 2017, D referred to as the Plaintiff’s agent, on June 10, 2017, signed a letter of delegation to the Defendant to commission the preparation of a promissory note with a maturity of 45,00,00 won, interest rate of 27.5% per annum, maturity of September 10, 2017, amount of KRW 67,50,000 per annum at the face value of the Plaintiff’s issuer and the Defendant’s payee, issue date, June 10, 2017, and September 10, 2017 (hereinafter “instant promissory note”), the delegating, and the mandatory, respectively.
B. On June 14, 2017 at the commission of the Defendant and E, a notarial deed was drawn up to the effect that, if a notary public delays the payment of the Promissory Notes under C No. 142, a notarial deed recognizing that there is no objection even if he/she is immediately subject to compulsory execution (hereinafter “notarial deed of this case”).
C. Based on the instant notarial deed, the Defendant applied for a seizure and collection order against the Plaintiff as the Suwon District Court’s Ansan Branch 2017TTT108988, and received the seizure and collection order on November 3, 2017.
[Ground of recognition] The descriptions of Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 9, 25, 26 (including each number, hereinafter the same), and the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The plaintiff's assertion does not delegate to anyone the preparation of the notarial deed of this case, and there is no fact that ratification has been made on the act of unauthorized representation. Thus, the notarial deed of this case is made by the commission of an unauthorized representative, and it has no effect as an executive title.
Therefore, compulsory execution based on the Notarial Deed of this case should be denied.
B. The Defendant’s assertion that the Plaintiff, via F, delegated the right to loan and prepare the instant notarial deed by granting the Plaintiff a certificate of personal seal impression, a certified copy and abstract of resident registration, etc. directly issued to D through F, and delegated the right to prepare the instant notarial deed. As such, the Plaintiff’s assertion delegated authority