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1. No. 429 of the Defendant’s notary public against the Plaintiff, No. 429 of the CGeneral Law Office.
Reasons
1. Facts of recognition;
A. On June 18, 2015, a notary public made reimbursement of KRW 165,878,110 to E by the deed No. 429 at a law firm’s general law office until August 12, 2017, and damages for delay shall be set at 25% per annum, and the Plaintiff’s joint and several guarantee shall be limited to KRW 200,000,000, and a notarized deed of a debt repayment contract (hereinafter “notarial deed of this case”) with the content that he/she does not raise any objection even if he/she fails to perform compulsory execution.
In preparing the instant notarial deed, the Plaintiff’s agent is D, and the power of representation was recognized by a power of attorney attached to the Plaintiff’s certificate of personal seal impression (hereinafter “instant power of attorney”).
B. On July 10, 2017, E transferred a claim based on the instant notarial deed to the Defendant, and at that time notified the Plaintiff of the transfer of the claim.
C. On August 24, 2017, the Plaintiff filed a criminal complaint against D with fabrication of private documents, etc. On January 31, 2018, “F was delegated by the Plaintiff to D in a de facto marital relationship with the Plaintiff, who is a birth student, even though he/she had not been delegated by the C General Law Office on June 18, 2016, at the C General Law Office, he/she received delegation from the Plaintiff as to joint and several liability, and issued the Plaintiff’s seal impression. D stated “A” on the proxy form in which he/she is located, and attached the Plaintiff’s seal impression on the letter of delegation (joint guarantor) and delivered as if it was duly constituted to the employee of C General Law Office, who is a private document pertaining to the rights and obligations of the Plaintiff. Accordingly, F was delegated by the Plaintiff for the purpose of exercising the right of representation, and thus, he/she was unaware of the Plaintiff’s power of attorney and was not aware of the forgery.”
On March 9, 2018, the summary order against F (2018 high-ranking 1246) was issued, and the above summary order was issued.