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1. The plaintiff's claim of this case is dismissed.
2. As to the case of application for the suspension of compulsory execution by this Court.
Reasons
Basic Facts
On February 5, 2010, the Plaintiff issued to the Defendant a promissory note with face value of KRW 63,80,000, the issuer, the Plaintiff, C, the Defendant, and the due date on February 23, 2015. On the same day, a notary public, which recognizes and acknowledges that there is no objection if the payment of the promissory note is delayed to the holder, shall prepare a deed of promissory note No. 20, 2010 (hereinafter referred to as “notarial deed of this case”) and deliver it to the Defendant.
Plaintiff’s assertion
The summary of the judgment is that the Plaintiff already settled a monetary relationship with C on October 19, 2007, but failed to meet C’s request or intimidation and explain the above circumstances to the Defendant, who is the creditor of C, and made the notarial deed of this case by means of false conspiracy and thus is null and void. Therefore, compulsory execution based on the notarial deed of this case should not be permitted.
However, according to the evidence No. 2, C prepared and delivered a letter to the Plaintiff on October 19, 2007, stating that “A waives all civil claims that have arisen between the Plaintiff and the Plaintiff.” However, this alone is insufficient to recognize that the Plaintiff and the Defendant had committed a false declaration of conspiracy in the issuance of promissory notes and the preparation of authentic deeds, and there is no other evidence to acknowledge it.
Rather, as long as the Plaintiff jointly and severally assumes the obligation equivalent to the amount of promissory note against the Defendant, this cannot be deemed as a false declaration of agreement with the Defendant, the other party to the declaration of intent. In order to establish a false declaration of agreement, there must be an agreement with the other party as to the inconsistency without the intention and indication of the declaration of intent. Accordingly, the Plaintiff’s direct signature and seal as the issuer of the Promissory Notes and the Notarial Deed is the obligor.