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1. The defendant's notary public against the plaintiff is based on the notarial deed No. 201 of Cjoint Law Office No. 2000.
Reasons
1. Basic facts
A. On March 2, 200, the Plaintiff issued a promissory note (the Promissory Notes in this case) to the Defendant on March 2, 200, which was payable at sight of the Plaintiff, the payee, the Defendant, the face value of KRW 100 million, the issue date, March 2, 200.
B. On July 8, 2000, the Plaintiff and the Defendant drafted a notarial deed stating that “The issuer of the Promissory Notes of this case shall, in the event of delay in the payment of the amount of the Promissory Notes to the holder of the Promissory Notes, recognize that there is no objection even if they are subject to compulsory execution immediately.” (No. notarial deed of this case) by entrusting a notary public to a joint law office.
[Ground of recognition] A without dispute, entry of Gap evidence No. 4, purport of whole pleadings
2. Assertion and determination
A. The Plaintiff asserts that the instant promissory note gold claim has expired by prescription, and thus, the Plaintiff’s assertion is relevant thereto.
A promissory note payable at sight shall be presented for payment within one year from the date of its issuance, and such presented date shall be the maturity (Articles 77(1)2 and 34(1) of the Bills of Exchange and Promissory Notes Act), and if there is no lawful payment proposal within one year, it shall be deemed that the due date has arrived at the end of the given period (see Supreme Court Decision 2007Da40352, Nov. 15, 2007). In addition, the right to claim against the issuer of a promissorysory note shall expire when it is not exercised within three years from the due date (see Articles 77(1)8, 78(1), and 70(1) of the Bills of Exchange and Promissory Notes Act). According to the above facts, there is no assertion that the Promissory Notes in this case is a promissory note payable at sight, and that the payment proposal in this case was made within one year from March 2, 200.
In such a case, the extinctive prescription of the instant Promissory Notes shall expire on March 2, 2001, when one year from March 2, 2000, which is the date of issuance of the instant Promissory Notes, and the maturity of March 2, 2001. The instant Promissory Notes shall expire on March 2, 2004 after the lapse of three years from March 2, 2004.
(b) this;