1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On November 5, 2013, the Plaintiff’s mother: (a) stated in the letter of proxy on November 5, 2013, the amount in the letter of proxy; (b) November 5, 2013, the date of borrowing; (c) December 5, 2013, the due date for delay; (d) 24% per annum; and (e) the Defendant, the obligor C; (e) the Plaintiff, the joint and several surety; and (e) written the proxy form with the Plaintiff’s certificate of personal seal impression; and (e) issued it to the Defendant.

B. After that, on November 6, 2013, the Defendant: (a) entrusted a notary public with the preparation of a notarial deed of a monetary loan agreement on behalf of the Plaintiff and C (hereinafter “notarial deed of this case”) on behalf of the Plaintiff and C by setting the maturity of KRW 40 million from the Defendant on November 5, 2013 as KRW 5,00 on December 5, 2013, and the delay damages as KRW 24% per annum; and (b) the Plaintiff is jointly and severally guaranteed by the Plaintiff. In the event that the Plaintiff and C fail to perform the above obligation, the Defendant immediately entrusted the preparation of a notarial deed of a monetary loan agreement on behalf of the Plaintiff and C (hereinafter “notarial deed of this case”).

C. On June 17, 2014, the Defendant issued a collection order for the benefit claim, etc. that the Plaintiff owned against Hyundai Heavy Industries Co., Ltd. based on the authentic copy of the instant authentic deed, which was issued by Ulsan District Court 2014TTT6827.

[Reasons for Recognition] Facts without dispute, Gap 1, 3, 4, 5, Eul 1, and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion did not confer a power of attorney to commission the Defendant to prepare the instant authentic deed. The Plaintiff’s mother, who is the Plaintiff, forged a power of attorney in the name of the Plaintiff by using the Plaintiff’s seal imprint certificate and the certificate of personal seal impression already issued. The Defendant entrusted C with the preparation of the instant authentic deed with the said power of attorney and the certificate of personal seal impression obtained

Therefore, the notarial deed of this case is null and void by the commission of the defendant, who is an unauthorized representative, so it is invalid as an executive title.