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1. The Defendant’s notary public against the Plaintiff at Daejeon General Law Firm No. 1895, No. 474, 2013.
Reasons
1. The Daejeon General Law Firm: (a) on August 2, 2013 and March 17, 2014, a notary public of the notarial deed of a monetary loan for consumption requested that the Plaintiff act on behalf of the Plaintiff, Daejeon General Law Firm: (b) on each commission of C (the wife of the Plaintiff), No. 1895 and No. 474 of the deed 2013 and the deed No. 474 of July 25, 2013: (c) on a deposit basis, the Defendant determined the amount of KRW 19,50,000 as interest and delay interest rate of KRW 30% per annum; (d) on January 25, 2014 (No. 1895, 201); (c) on March 17, 2014, the Defendant loaned KRW 44,00,000 per annum and delay interest rate of KRW 30% per annum; and (d) on each of the above notarial deeds, each of which the Plaintiff did not perform its obligation.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion C forged the power of attorney in the name of the Plaintiff without obtaining any authority from the Plaintiff, and submitted it to a notary public for the preparation of each of the instant notarial deeds. As such, the part of each of the instant notarial deeds that the Plaintiff guaranteed the above loan debt of C is null and void.
Therefore, compulsory execution based on the notarial deed of this case against the defendant should not be permitted.
B. The Defendant’s assertion C was authorized to commission the preparation of each of the instant authentic deeds on behalf of the Plaintiff.
Even if not, C, a wife of the Plaintiff, had the Plaintiff’s seal impression design in order to cover medical expenses and living expenses, etc. due to the Plaintiff’s long-term illness, and when comprehensively considering the Plaintiff’s occupation, property, income, etc., the act of borrowing C is within the scope of his/her right of attorney, and the Plaintiff and the Defendant are owned by C and the Defendant around November 2014.