약속어음금
1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim added by this court is dismissed.
3...
1. The parties' assertion
A. The Plaintiff’s assertion 1) In the first place, the Defendant borrowed KRW 50 million from the Plaintiff, and thereafter, on August 10, 2010, at the face value of KRW 110 million and on September 30, 2010 (hereinafter “instant Promissory Notes”).
(2) The Plaintiff agreed to pay the face value of the Promissory Notes to the Plaintiff. Therefore, the Defendant is obligated to pay the agreed amount of KRW 94,212,709 and delay damages therefor. In addition, the Defendant did not raise any objection to the execution procedure based on the notarial deed of this case, thereby allowing the Plaintiff to receive KRW 15,787,291. Accordingly, the Defendant approved the Defendant’s obligation of KRW 110,000,000 for the agreed amount. 2) Preliminaryly, the Plaintiff lent KRW 50,000 to the Defendant, and the Plaintiff is obligated to pay the loan of KRW 50,000,000 and delay damages therefrom from January 21, 2010.
B. Defendant’s assertion 1) The Plaintiff merely invested KRW 50 million in the company run by the Defendant, and did not lend money to the Defendant. 2) In addition, the Plaintiff is a promissory note and a notarial deed with a face value of KRW 110 million in the company. However, the Plaintiff did not make an investment in money to the company. Thus, the Promissory note is null and void, since the Plaintiff did not make an investment in money to the company.
In addition, as compulsory execution based on the Notarial Deed of the Promissory Notes was terminated on December 21, 201, the claim based on the Promissory Notes was extinguished by the statute of limitations.
2. Determination
A. Facts of recognition 1) The Plaintiff Company C (hereinafter “C”)
(2) On January 15, 2010, the Defendant deposited KRW 50,000,000 in total, and KRW 30,000,000,000 on January 20, 2010. (2) On August 10, 2010, the Defendant prepared and issued to the Plaintiff the instant bill of this case with the face value of KRW 110,000,000 on September 30, 201, and the notarial deed of the same law firm No. 723 on September 30, 2010.
3. The plaintiff is a notarial deed of the bill of this case.