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1. The Defendant’s notary public against the Plaintiff is the executory power of the notarial deed No. 2050, No. 2014.
Reasons
1. The Defendant, in fact, carried on the fishery products distribution business under the trade name of “D”, and E also carries on the fishery products distribution business under the trade name of “F”.
From August 2013, the Defendant supplied E with fishery products from around 2013, and around the end of 2014, E had to pay the outstanding amount to the Defendant KRW 60 million, and the Defendant demanded that E notarized promissory notes, etc. in the name of the Plaintiff, which is the wife of E and E, with respect to the payment obligations of fishery products supplied to E.
E around December 30, 2014, around December 30, 2014, the Plaintiff issued the Plaintiff’s seal and certificate of personal seal impression to the Defendant. On December 30, 2014, the Defendant, using this, drafted a letter of delegation in the Plaintiff’s name (hereinafter “instant letter of delegation”) that the Plaintiff and E borrows KRW 60 million from the Plaintiff and E (hereinafter “the instant certificate of borrowing”), and the payee “Defendant”, and a promissory note in the form of payable at sight (hereinafter “the instant promissory note”) with a face value of KRW 60 million for the joint issuer as “E and the Plaintiff,” and the said promissory note, with a power to delegate all the powers to G with respect to the preparation and commission of a authentic deed (hereinafter “the instant letter of delegation”).
Around December 30, 2014, the Defendant and E delivered the instant loan certificate, promissory notes, and power of attorney to G. On the same day as the Plaintiff’s agent, G entrusted the preparation of a notarial deed to the effect that, if a notary public attends a law firm and delays the payment of the instant promissory notes, he/she would not raise any objection even if he/she is immediately subject to compulsory execution, and on the same day, the notary public drafted a notarial deed (hereinafter “instant notarial deed”) with the No. 2050 of the notarial deed No. 2014.
On November 15, 2016, the Plaintiff divorced by agreement with E.
E Without the consent of the plaintiff at the Changwon District Court on February 20, 2019, E, without the consent of the plaintiff, had the defendant prepare the loan certificate, promissory note, and power of attorney in this case, and from the plaintiff.