1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. On December 14, 2009, the Defendant issued, on behalf of the Plaintiff, a promissory note with a face value of KRW 30 million (hereinafter “instant promissory note”) on behalf of the Plaintiff, and then a notary public drafted a notarial deed to the effect that a notary public recognizes compulsory execution based on the instant promissory note claim under the No. 00370 on behalf of the Plaintiff, the issuer, the addressee, and the face value of KRW 30 million (hereinafter “instant promissory note”).

The Plaintiff’s seal imprinted on the Promissory Notes and the letter of delegation attached to the instant Notarial Deed is the Defendant’s seal imprint affixed to the Plaintiff at the time.

2. The allegations and judgment of the parties

A. 1) The plaintiff asserts that since the plaintiff prepared the notarial deed of this case without authority using the plaintiff's seal imprint, certificate of personal seal impression, and blank letter of delegation in the name of the plaintiff which the defendant had held to handle the plaintiff's auction business, the notarial deed of this case is null and void. Since there is no underlying claim in the promissory note of this case, compulsory execution based on the notarial deed of this case should be denied. 2) The defendant asserts that at the time of the preparation of the notarial deed of this case, the plaintiff bears a total of KRW 30 million to the defendant, and as the defendant delegates the preparation of the notarial deed of this case to the defendant through a power of attorney (No. 2, hereinafter "

B. Determination 1) A private document is presumed to be authentic when the signature, seal, or seal of the principal or his agent is affixed (Article 358 of the Civil Procedure Act and Article 358 of the preparing person of the private document recognizes that the signature, seal, etc. is not affixed to the private document in question, and unless there are other special circumstances, such as the reversal of such presumption by reflect, it shall be presumed that the authenticity of the entire document is established, and if the authenticity, such as the seal imprint, is recognized, other special circumstances.