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1. The defendant's notary public against the plaintiff is based on the notarial deed No. 1218 of 2006.
Reasons
1. Facts of recognition;
A. On April 17, 2006, the Plaintiff and the Defendant drafted a notarized deed with No. 1218 of the Changwon Law Firm No. 12006 as follows.
(hereinafter referred to as the “notarial deed of this case”). A creditor: The defendant, debtor: The amount of the plaintiff’s obligation: The amount due and the method of payment of KRW 49.5 million: From April 2006 to March 2009, the amount of KRW 1,375,000 shall be forfeited on 36 occasions each month from April 2006 to March 209: If the debtor delays the payment of the amount, he/she shall, as a matter of course, lose the benefit due to the above obligation, and immediately repay the remainder thereof, even if there is no other notification or peremptory notice from the creditor.
B. The Plaintiff repaid the Defendant the repayment of KRW 1.5 million on May 18, 2006, ② KRW 500,000 on May 19, 2006, ③ KRW 500,000 on May 30, 2006, ④ KRW 300,000 on June 15, 2006, but thereafter did not pay the remainder of the obligation.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings
2. Determination on the extinctive prescription
A. The Plaintiff’s assertion 1) On February 1, 2018, the Defendant filed an application against the Plaintiff for property specification on the basis of the instant notarial deed with the Changwon District Court 2018Kao133 on the basis of the instant notarial deed. However, since the extinctive prescription of the instant notarial deed has expired, compulsory execution based on the instant notarial deed shall not be permitted. 2) The Defendant’s payment period for the Defendant’s claim’s obligation has not expired until March 20, 209.
Inasmuch as a special contract for loss of benefit based on the Notarial Deed of this case is presumed to be a special contract for loss of benefit based on formation right, even if a cause for loss of benefit has occurred, the extinctive prescription shall proceed in sequence from each installment at the time of arrival of each due date, and in particular, the obligee has expressed his/her intent to seek the full repayment of the remaining debt.