청구이의
1. No. 3100 of the No. 2008 No. 3100 of the deed drawn up on April 2, 2008 against the defendant's joint office against the plaintiff.
1. Determination as to the cause of claim
A. Promissory Notes payable at sight shall be presented for payment within one year from the date of issuance, and the time presented for payment shall be the maturity (Articles 77(1)2 and 34(1) of the Bills of Exchange and Promissory Notes Act), and if no legal payment is presented within one year, it shall be deemed that the maturity comes on the last day of that period (see Supreme Court Decision 2007Da40352, Nov. 15, 2007). In addition, the extinctive prescription expires unless the right of a promissorysory note is exercised for three years from the expiration date (see Articles 77(1)8, 78(1), and 70(1) of the Bills of Exchange and Promissory Notes Act).
Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 1 and 2, on May 15, 2000, the Daelim Planning Co., Ltd. (hereinafter referred to as the "Molim Planning") ordered the defendant to undertake electrical construction (hereinafter referred to as the "construction of this case") among the Mosan Central Market Reconstruction Corporation (hereinafter referred to as "the Construction of this case") on May 15, 2000. On December 4, 2007, the defendant issued a promissorysory note (hereinafter referred to as "the Promissory note of this case") as of December 4, 2007 as the payee, the face value of the defendant, the face value of the defendant, and the issue date of the Promissory Notes as of December 4, 2007 (hereinafter referred to as "the Promissory Note of this case"), and the fact that the plaintiff was declared bankrupt on April 20, 2008 with the No. 3100 (hereinafter referred to as the "notarial Deed of this case"), and that the plaintiff was appointed as Seoul Central District Court.
According to the above facts, the Promissory Notes of this case had become due on December 4, 2008, when one year from the date of issuance, and the due date of the Promissory Notes of the Plaintiff, the issuer, had already expired due to the lapse of December 4, 201, when three years from the due date.
C. Therefore, barring any special circumstance, compulsory execution based on the notarial deed of this case shall not be permitted.
2. The defendant's assertion.