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1. The defendant's document written in C by a notary public against the plaintiff is based on the No. 500 No. 500 of money loan agreement.
Reasons
1. Basic facts
A. On August 16, 2012, the Plaintiff: (a) acquired the entire shares issued by E (E) from D on August 16, 2012, the entire shares issued by E (hereinafter “E”); and (b) five parcels other than F (this land was merged into F and G two parcels on October 8, 2012; hereinafter “instant land”); (c) KRW 1.328 billion in the price; and (d) acquired the obligations owed to E’s New E’s New E’s Credit Cooperative and paid KRW 68 billion after subtracting the said obligation from the said price (hereinafter “instant acquisition agreement”).
B. In accordance with the instant acquisition contract, the Plaintiff: (a) paid KRW 65 million to D on August 16, 2012; and (b) paid KRW 170 million on August 31, 2012 to D; and (c) the remainder of KRW 373 million on September 5, 2012; (b) drafted a notarial deed of money loan agreement with the Defendant, who is the wife of D, as stipulated in Article 500 of the deed of notary public C prepared by the Plaintiff on September 5, 2012; and (c) KRW 373 million to the Defendant until February 28, 2013; and (d) if delay, the Plaintiff shall pay damages for delay at a rate of 10% per annum (hereinafter “instant authentic deed”).
C. On November 2013, the Plaintiff entered into a sales contract to sell E and the instant land in KRW 1.5 billion (hereinafter “instant sales contract”) with H, and paid KRW 295 million out of the price to the Defendant.
[Ground of recognition] Facts without dispute, entry of Gap 1, 3 through 8, purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion was made by the commission of I as the Plaintiff’s agent, and the Plaintiff did not confer the right of representation on I to commission the preparation of the instant notarial deed. Thus, the instant notarial deed drawn up by I as an unauthorized agent is null and void.
Even if the instant notarial deed is valid, the Plaintiff’s KRW 373 million among the notarial deeds set forth in the instant notarial deed, KRW 4375 million on January 29, 2013, KRW 1 million on February 15, 2013, and KRW 8250,000 on February 15, 2013.