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. Basic facts

A. On October 14, 2005, D drafted a power of attorney for the Plaintiff to commission the Defendant to prepare the instant authentic deed (hereinafter “instant power of attorney”) by using the Plaintiff’s certificate of seal impression, certificate of seal impression, and certificate of seal impression as the Plaintiff’s agent.

B. On November 4, 2005, the defendant submitted to C the letter of delegation, etc. of this case to the notary public at the notary public C office, and as the plaintiff, D's respective agents and clients, "the plaintiff who is the debtor, D shall set the due date from the defendant who is the creditor on October 14, 2005 as of December 14, 2005, borrowed KRW 80,000,000 from the defendant who is the creditor, and if the debtor fails to perform the above obligation immediately, it shall be recognized that there is no objection even if he is forced to perform the above obligation," the letter of this case was prepared in this content.

C. Based on the instant notarial deed, the Defendant filed an application against the Plaintiff for re-issuance of the defaulters’ list, etc. as the Gwangju District Court’s net support 2012Kao1688, and the said court rendered a decision on November 19, 2012 regarding the re-issuance of the defaulters’ list, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 2 (including branch numbers; hereinafter the same shall apply), the witness D's testimony and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Notwithstanding the absence of the fact that the Plaintiff delegated the authority to commission D to prepare the instant notarial deed, D re-endorses the said authority to the Defendant, and the Defendant entrusted the preparation of the instant notarial deed, and thus, the instant notarial deed is null and void by the commission of an unauthorized representative. 2) Even if the instant notarial deed is valid, even if the notarial deed is valid, the entire amount of the obligation indicated in the instant notarial deed was repaid, and the extinctive prescription of the said obligation was completed on or before December 13, 2015, and thus, the instant notarial deed is no longer effective.

B. The defendant's assertion 1 is that of this case against D.