1. The Defendant’s notary public against the Plaintiff, No. 493, 2014, drafted a joint law office.

1. Basic facts

A. A. Around May 2014, D agreed to jointly invest in the business of operating a mutually beneficial point of “F” with Defendant and E, and registered a business operator under the name of the Plaintiff living together with the said third party, and agreed to contribute KRW 100 million each to the said third party.

B. However, as D failed to prepare KRW 100 million to contribute under the above agreement, it borrowed KRW 100 million from the Defendant to B’s agent G, the Plaintiff’s name was stated in the issuer column of a promissory note for the preparation of a NA Notarial Deed (hereinafter “instant promissory note”) and the delegation column of the power of attorney, and issued the Plaintiff’s name to H of a certified judicial scrivener affiliated with C&A office with the said seal affixed thereto. Upon H’s commission, D’s notary public drafted a promissory note No. 493 at the C&A office of 2014 document (hereinafter “instant authentic deed”).

C. On May 11, 2018, the Suwon District Court rendered a judgment of conviction against D on the grounds that D forged the Promissory Notes in the Plaintiff’s name and power of attorney and used H to commit the crimes of forging and uttering of securities, fabrication of private documents, and uttering of such crimes (U.S. District Court Decision 2018Da1286).

The above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Promissory Notes and the power of attorney in this case are forged by D. Therefore, compulsory execution based on the instant authentic deed should be denied. 2) The Defendant’s assertion D has the authority to prepare the Promissory Notes and the power of attorney on behalf of the Plaintiff, and the Plaintiff and D have the same intent to evade obligations.

B. In a civil trial of the relevant legal principles, a criminal trial is conducted.