청구이의
1. Certificate No. 1, 2010 prepared by C by the Defendant’s notary public against the Plaintiff on January 8, 2010 by C.
1. Facts of recognition;
A. On January 8, 2010, the Defendant: (a) lent KRW 2,00,000 to the Plaintiff as interest free of charge; (b) executed a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”) stating that the Defendant did not raise any objection even if he was immediately subject to compulsory execution if the Plaintiff did not perform his obligation; (c) KRW 300,000,000 until January 28, 2010; and (d) KRW 1,00,000,000 until March 28, 2010; and (e) written a notarial deed of a monetary loan agreement (hereinafter “notarial deed of this case”).
B. On January 19, 2007, the Plaintiff was appointed as a director of D Co., Ltd. (D, trade name before the change, “Co., Ltd. E” hereinafter) in Japan, and resigned on September 28, 2009.
The defendant was the shareholder of the non-party Japanese company, and on November 1, 201, the representative director and the director of the non-party Japanese company were appointed.
C. Meanwhile, on January 30, 2007, the non-party company established the F Co., Ltd. F (hereinafter referred to as the "non-party company") as its place of business in Korea. The representative of the above company in Korea is the plaintiff.
[Ground for Recognition: Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, purport of whole pleadings]
2. Summary of the plaintiff's assertion
A. Main argument: The defendant extended money to the non-party company under the name of business funds, etc., and then prepared the Notarial Deed between the plaintiff and the plaintiff with the intent to directly collect the above loan from the plaintiff, not the non-party company, by taking advantage of the influence over the non-party company. The plaintiff acquired the loans to the defendant of the non-party company in this case with the Notarial Deed in this case.
However, the loan obligations against the defendant of the non-party Japanese company constitute commercial obligations arising out of the commercial activities of the non-party Japanese company, and thus, the period of five years extinctive prescription for the plaintiff's loan obligations against the defendant.