beta
Text
1. The Defendant’s notary public against the Plaintiff is a promissory note No. 47 dated April 13, 2012, No. 2012.
Reasons
1. On April 12, 2012, the Plaintiff, at the time of borrowing KRW 100 million from the Defendant on April 13, 2012, issued one copy of the Promissory Notes (hereinafter “instant Promissory Notes”) with the date of payment as of October 12, 2012 to the Plaintiff as of April 13, 2012, with a view to guaranteeing that the Plaintiff borrowed KRW 100 million from the Defendant, and as of the same day, a notary public drafted a notarial deed stating that there is no objection even if he/she is immediately subject to compulsory execution (hereinafter “notarial deed”).
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion (1) Since the Plaintiff fully repaid the instant promissory note to the Defendant, compulsory execution based on the instant notarial deed shall not be permitted.
(2) Even if the above promissory note amount was not fully repaid, the compulsory execution based on the instant notarial deed shall not be permitted, as long as the payment obligation of the promissory note amount has expired three years after October 12, 2012, which was the due date of the instant promissory note.
B. The Defendant’s assertion (1) Inasmuch as the instant promissory note was not repaid, the Plaintiff’s claim cannot be complied with.
(2) The e-mail (Evidence A No. 7) sent by the Defendant to the Plaintiff on November 23, 2015 is sent by mistake.
C. Therefore, examining the issue of whether the instant promissory note was repaid, the Plaintiff and the Defendant agreed to settle the Plaintiff’s monetary payment obligations against the Defendant at KRW 44,610,00 on November 21, 2015, and pay the Plaintiff by November 29, 2015. On November 23, 2015, the Defendant calculated the Plaintiff’s monetary payment obligations against the Defendant at KRW 44,945,00, and requested the Plaintiff to pay the Plaintiff by November 30, 2015, based on the following: