1. The Defendant’s notary public against the Plaintiff is a notarial deed of a monetary loan agreement No. 190 of 2016.

Basic Facts

On March 11, 2016, according to the commission of D and the Defendant, a notary public, who borrowed KRW 120,000,000 from the Defendant on March 11, 2016, with the maturity of payment on May 11, 2016, and at the rate of delay interest rate of 12% per annum. In the event that the Plaintiff fails to perform his/her monetary obligation, a notary public, who, as soon as compulsory execution, recognizes that there is no objection even if he/she is immediately subject to the said obligation, set up a notarial deed of monetary loan agreement (hereinafter “notarial deed of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5 (including a serial number, unless otherwise specified; hereinafter the same shall apply), and the gist of the plaintiff's assertion as to the purport of the whole pleadings is that the plaintiff's assertion is a person who performed the urban-type residential house construction work newly constructed by the plaintiff, and although there was no power to commission the preparation of the notarial deed in the name of the plaintiff, D entrusted the preparation of the notarial deed in this case to the plaintiff's representative. Thus, the notarial deed in this case has no effect as an executive title, and therefore, the compulsory execution based on the notarial deed in this case

The summary of the defendant's assertion D is that the plaintiff's actual manager comprehensively delegated the authority to borrow money from the plaintiff to commission the preparation of a notarial deed, and even if not, D's expression representation is established as to the act of commissioning D's notarial deed.

The indication of recognition and recognition of execution, which allows a notarial deed to have executory power as a title of debt, is an act of litigation against a notary public. Such an act of litigation cannot be applied or applied mutatis mutandis under the Civil Act, and in case where a notarial deed is prepared by a commission of an unauthorized representative, it is not effective as a title of debt (see, e.g., Supreme Court Decision 2000Da45303, 45310, Feb. 23, 2001).