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1. The Defendant’s notary public against the Plaintiff, a notary public of the Republic of Korea, Law Firm Forwardingers, Law Firm Barun, dated October 29, 2012, and Promissory Notes No. 1391, 2012.
Reasons
1. Basic facts
A. On October 29, 2012, the Plaintiff borrowed KRW 230,000,000 from the Defendant and decided to repay KRW 300,000 as principal and interest until January 28, 2013, and C and D jointly guaranteed the above loan debt (hereinafter “the loan debt”).
B. On the same day, the Plaintiff, C, and D jointly issued a promissory note No. 300,000,000 at par value, the addressee, the Defendant, and the due date for payment (hereinafter “instant promissory note”). In the event that the payment of the said promissory note is delayed, the Plaintiff, C, and D jointly issued a promissory note No. 300,000,000 at face value, and the said promissory note No. 1138, Jan. 28,
C. At the time of the above loan, the Plaintiff’s representative was C, and immediately after the creation of the authentic deed of the Promissory Notes in this case on October 29, 2012, C resigns resigned and the Defendant was the only internal director of the Plaintiff.
During that period, when the Plaintiff did not repay the debt of the instant loan, the Defendant applied for the commencement of a compulsory auction on the basis of the notarial deed of the instant promissory note, and the decision of compulsory auction was rendered on September 26, 2013 by the Jung-gu District Court E.
E. On December 5, 2013, when the above auction was in progress, an agreement was reached between the Plaintiff (the Defendant, the only in-house director of the Plaintiff, representing the Plaintiff), the Defendant, and C regarding the repayment of the debt of the instant loan (hereinafter “instant agreement”). Some of the terms of the agreement made at the time are as follows:
(A) On October 29, 2012, “A”, “B”, “C,” “A”, “A”, and “C,” are the Plaintiff. On January 28, 2013, “A” lent to Byung for repayment of KRW 300,000,000 to the principal and interest, and the proceeds from investment, and confirmed that “B” and “C” have approved the joint and several obligations.
2. B and C have the intention to comply with the commitment period due to the failure of the implementation of the project, and Eul has the interest of KRW 230,000,000 and KRW 239,000,000,000 for the principal and interest of KRW 230,000.