1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 2, 2014, the Defendant’s employees C found in the Geum River of Law Firm, and entrusted the preparation of a notarial deed to the said law firm-affiliated, Attorneys E, as an agent under the delegation of the Plaintiff, Defendant, and D.

B. Accordingly, on October 1, 2014, the Defendant: (a) lent KRW 230,000,00 to the Plaintiff on December 31, 2014 at the due date; (b) D guaranteed the Plaintiff’s above loan obligation; and (c) when the Plaintiff and D fail to perform a monetary obligation under the said contract, a notarial deed of a monetary loan agreement for consumption was drafted on October 2, 2014, which was drafted on October 2, 2014, to the effect that compulsory execution should be recognized, in a case where the Plaintiff and D fail to perform a monetary obligation under the said contract.

(hereinafter referred to as “instant authentic deed”). C.

On January 21, 2015, the Defendant, with the title of execution, received a seizure and collection order on the Plaintiff’s deposit claims against the third obligor as to the claim amounting to KRW 230,369,50 in total, the amount claimed by Changwon District Court 2014TT671, the Plaintiff, the third obligor, the Agricultural Cooperative Co., Ltd. (hereinafter “Korea Bank”), and the Industrial Bank of Korea. The above order was served on the third obligor at that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5-1, Eul evidence 2, Eul's testimony, Eul's testimony, the purport of whole pleadings

2. Judgment as to the main claim

A. The Plaintiff alleged that the Plaintiff delegated C with the authority to prepare a notarial deed with a loan of KRW 100,000,000, and C prepared a notarial deed with a loan of KRW 230,000,000 in excess of the above authority. As such, the notarial deed of this case is null and void by a commission to prepare a notarial deed by an unauthorized representative.

Therefore, compulsory execution based on the Notarial Deed of this case should be denied.

(b) The indication of recognition of execution that a notarial deed 1 is capable of having executory power as a title of debt is an act of litigation against a notary public, so a notarial deed is made by a commission of an unauthorized representative.