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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 16, 2012, the Plaintiff entered into a lease agreement with C and C on the lease deposit amounting to KRW 350 million, monthly rent of KRW 11,00,000,000 with respect to the sales right of the ticket office in Gyeyang-gu Incheon, Incheon, the first floor E-Sa operated by C.
(hereinafter “instant lease agreement”). B.
However, the Plaintiff failed to pay the lease deposit amount of KRW 50 million to C.
C. On October 15, 2012, the Plaintiff issued a promissory note (hereinafter “instant promissory note”) with the Defendant (C) as “the Plaintiff, the addressee, the Defendant, and the face value: KRW 50,000,000: Maturity: November 12, 2012”; and a notary public, who, at the law firm’s discretion, prepared a notarized deed (hereinafter “notarial deed”) No. 1561, 2012, stating that “if the Plaintiff delays the payment of the instant promissory note, he/she has no objection even if he/she is immediately subject to compulsory execution” (hereinafter “notarial deed”).
On the other hand, the Defendant remitted KRW 48 million to C on October 5, 2012, which was before preparing the instant authentic deed.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-3, Gap evidence 3, Eul evidence 1-1 and Eul evidence 1-2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff's assertion asserts that compulsory execution based on the notarial deed of this case should not be denied for the following reasons.
1) The Promissory Notes and Notarial Deed were prepared to secure the payment of KRW 50,000,000,000, which was not paid by the Plaintiff to C. However, the instant lease agreement became null and void or void, and there was no reason to pay the lease deposit any longer after the lease agreement was terminated, and thus, the relationship between the cause of the Promissory Notes ceases to exist. 2) The obligation based on the Promissory Notes became extinct three years after maturity.
B. Whether the underlying relationship of the Promissory Notes 1, 2, and 1-3 and 2 are terminated, respectively, evidence No. 2-1, 2, and 1-2.