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1. The Defendant’s notary public against the Plaintiff No. 424, August 30, 2010, No. 424.
Reasons
1. Basic facts
A. The Plaintiff married with the deceased C on November 28, 2009, and the Deceased died on October 5, 2014.
B. While the Deceased was responsible for the Defendant’s obligation, he/she prepared a letter of delegation that the Plaintiff delegated the preparation of a notarial deed concerning a monetary loan contract (hereinafter “instant delegation”) with the Plaintiff’s seal impression and the Plaintiff’s seal impression affixed on August 30, 201, and accordingly borrowed KRW 49 million from the Defendant on behalf of the Plaintiff on August 30, 201, from October 25, 201 to June 25, 201, respectively, KRW 500,000 as of July 25, 201, and KRW 4 million as of July 25, 201, and if the obligation was not performed, it would not raise an objection immediately.”
【Facts without dispute over the grounds for recognition, Gap’s 1, 2, 3 evidence, Eul’s 1, and the purport of the whole pleadings
2. The allegations and judgment of the parties
A. The plaintiff asserts that the notarial deed of this case is necessary for the deceased to establish the company, and it is invalid after forging the power of attorney with the plaintiff's seal imprint certificate and the certificate of personal seal impression, since it is invalid without the authority to act on behalf of the plaintiff, the notarial deed of this case should be excluded.
As to this, the Defendant asserted that the Notarial Deed in the name of the Plaintiff was valid, since the Deceased issued a forged number of shares for the repayment of his debt to the Defendant, and the Defendant was accused of criminal complaint, and agreed to make and make the Notarial Deed in the name of the Plaintiff with a cash of KRW 15 million on the condition of withdrawal of complaint and finding the Plaintiff together with the Plaintiff, and thereafter, the Deceased prepared the Notarial Deed in the name of the Plaintiff upon delegation from the Plaintiff.
B. Therefore, the Plaintiff’s judgment on the key issue is the deceased.