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1. The Defendant’s notary public against the Plaintiff has an executory power of No. 443, 2012 prepared by the South-west General Law Firm.
Reasons
1. Basic facts
A. C and the Defendant have been engaged in money transactions several times, and C, around April 2012, visited the Defendant and asked the Plaintiff to lend money to the Plaintiff as the business funds are insufficient and the Plaintiff would be the guarantor.
Since it was difficult for the Defendant to raise cash at the time, the Defendant offered the Kimpo-si E Apartment No. 101 and 203 (hereinafter “instant apartment”) owned by the Defendant, as collateral, so that the Plaintiff can obtain a loan from a financial institution.
B. On April 16, 2012, the Plaintiff obtained a loan of KRW 140 million from the ecean Credit Union (hereinafter “instant loan”), and completed the registration of the establishment of a neighboring mortgage covering KRW 196 million in the name of the maximum debt amount with respect to the instant apartment in the name of the ecean Credit Union with respect to the instant apartment.
C. C, around April 16, 2012, withdrawn the amount of KRW 60 million out of KRW 140 million deposited in the Plaintiff’s account and used it to repay the existing debt to the Defendant, and the remainder of KRW 80 million was used as business funds.
C On April 19, 2012, the Defendant issued one copy of the Promissory Notes (hereinafter “instant Promissory Notes”) at the face value of KRW 120 million and the due date on May 10, 2012.
E. On April 25, 2012, the Defendant visited the Nambu General Law Firm, and presented his/her certificate of personal seal impression and power of attorney as the Plaintiff and joint guarantor C, and entrusted the preparation of a promissory note notarial deed stating that “When delay in the payment of the amount of a promissory note to the bearer of the instant promissory note, it shall be acknowledged that there is no objection even if it is immediately subject to compulsory execution” (hereinafter “instant promissory note”), and received the authentic copy of the instant promissory note notarial deed as the payee status.
F. C died on March 25, 2013.
G. The defendant shall be bound by an executory exemplification of the promissory note of this case.