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(영문) 수원지방법원 2020.01.23 2019가단14581
청구이의
Text

1. The defendant's notary public's deed in 2008, in which the defendant's notary public against the plaintiff, prepared a notary public's office as a notary public.

Reasons

Done on July 16, 2008, each of the issuers, the plaintiffs, the defendant, the par value of five million won, the due date of payment, promissory notes, and promissory notes stated in the text (hereinafter referred to as the "notarial deeds of this case") respectively.

[A] We examine the Plaintiff’s assertion of “the completion of extinctive prescription” below.

The presentation for payment of a promissory note payable at sight shall be made within one year from the date of issuance (Articles 77 and 34(1) of the Bills of Exchange and Promissory Notes Act), and if there is no lawful presentation within the said period, it shall be deemed that the due date has arrived at the end of that period, and it shall be deemed that the extinctive prescription of the obligation of

(see Supreme Court Decision 2007Da40352, Nov. 15, 2007). Moreover, the extinctive prescription of a claim on a promissory note against the issuer is complete unless it is exercised within three years from the maturity date (Articles 77 and 70(1) of the Bills of Exchange and Promissory Notes Act). The extinctive prescription of a claim cannot be exercised any longer upon expiration of the extinctive prescription of a claim.

(Article 162 of the Civil Act). On the other hand, a notarial deed of promissory notes prepared by a notary public pursuant to the joint law office is an executory title as a debt title, but there is no res judicata such as a final

Therefore, since a notarial deed is prepared on a promissory note as such, it cannot be deemed that such promissory note is a claim established by the same effect as the judgment, and it cannot be deemed that this promissory note has taken the ten-year extinctive prescription as a claim under Article 165(2) of the Civil Act.

Therefore, the extinctive prescription of a promissory note itself, notwithstanding the preparation of a notarial deed, is still applicable for three years, and such extinctive prescription expires upon the lapse of the said three-year period (see, e.g., Supreme Court Decisions 92Da169, Apr. 14, 1992; 2015Da70372, Mar. 24, 2016). Furthermore, whether a debt, which caused a promissory note, is a loan or price for goods, and the said debt continues to exist.

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