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1. The Defendant’s notary public against the Plaintiff, No. 103, Mar. 28, 2014, No. 2014.
Reasons
1. The following facts may be acknowledged by integrating the purpose of the entire pleadings in each entry in Gap evidence Nos. 2 to 8.
On March 28, 2014, the Defendant and C, the wife of the Plaintiff, drafted on behalf of the Plaintiff, on behalf of the Plaintiff, a notarial deed of money loan agreement No. 103, No. 1014 (hereinafter “notarial deed of this case”).
The main contents are as follows:
Article 1 (Purpose) The creditor lent KRW 33,000,000 to the debtor on March 28, 2014, and the debtor borrowed it.
Article 2 (Period and Method of Repayment) Payment shall be made by April 2, 2014.
Article 5 (Compensation for Delay) If the debtor delays the repayment of the above amount, the damages for delay shall be paid at the rate of 25% per annum for the delayed amount.
Article 8 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognized the absence of objection immediately from the obligee even if compulsory execution has been effected.
B. C was prosecuted on the charge of forging a private document, uttering of a private document, false entry in the original copy of a notarial deed, and uttering of the original copy of a notarial deed as a result of arbitrarily using the Plaintiff’s seal imprint in relation to the preparation of the notarial deed of this case.
2. We examine the judgment, since the indication of recognition and recognition of execution that a notarial deed has an executory power as an executory power is a litigation against a notary public, in case where a notarial deed has been made upon a commission of an unauthorized representative, there is no effect as an executory power, and the creditor who asserts its effect of proof as to the existence of an executory power to prepare such notarial deed. The authenticity of the portion to be drawn up by a notary public is presumed, but it is presumed that the agent has entrusted the preparation of a notarial deed, and there is a legitimate power of attorney.