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1. Promissory notes No. 191, No. 2015, which were issued by the Defendant against the Plaintiff by a notary public against the Plaintiff.
Reasons
1. Basic facts
A. C borrowed KRW 50,00,000 from D on March 4, 2015, and paid KRW 50,500,000 in total and KRW 10,500,000 for the principal and interest thereon. From March 27, 2015 to October 27, 2016, C decided to pay KRW 60,50,000 in total on 20 occasions. On the same day, the Defendant jointly and severally guaranteed C’s above loan obligation.
B. On March 4, 2015, in order to secure the Defendant’s joint and several liability for reimbursement arising from the Defendant’s joint and several liability, C and the Plaintiff’s subsidiaries issued a promissory note of KRW 60,000,000 at sight, the due date of which is the place of payment for the place of payment for the place of payment for the place of payment for the original payment. On the said promissory note, a notary public, who, as an agent of the issuer and C, recognizes that there is no objection even if he/she is immediately subject to compulsory execution if he/she delayed the payment for the said Promissory note against the holder of the said Promissory Notes, was written with the No. 191 of the Law Firm Dental General Office (hereinafter “No. notarial Deed”).
C. On February 26, 2016, the Defendant filed an application for a compulsory auction on the real estate owned by the Defendant with the title of execution, and rendered a decision to commence the auction on February 26, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings
2. The parties' assertion
A. The notarial deed of the Plaintiff’s Promissory Notes is aimed at securing conditional obligations arising from the Defendant’s repayment of the borrowed amount to D on behalf of C, and there is no claim claim since the Defendant did not act on behalf of C.
Therefore, compulsory execution based on the Notarial Deed of the Promissory Notes cannot be permitted.
B. The notarial deed of the Promissory Notes in this case was prepared and delivered by the Defendant to the effect that the Defendant is jointly and severally liable for all kinds of obligations, such as C’s loan and collection obligation, within the limit of 60,000,000 won.