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1. The Defendant’s notary public against the Plaintiff is based on the notarial deed No. 992 of 2011, E Law Firm E.
Reasons
1. On July 19, 201, the Plaintiff issued a promissory note, the Plaintiff’s issuer, the Defendant, the face value of KRW 20,000,00, the issue date of which was July 19, 201, and the payment date of which was at sight (hereinafter “instant promissory note”) to the Defendant.
On July 22, 2011, the Plaintiff and the Defendant drafted a notarial deed stating that “The issuer of the Promissory Notes of this case shall, in the event of delay in the payment of the amount of the promissory Notes, recognize that there is no objection even if it is immediately forced execution against the holder of the Promissory Notes” (hereinafter “notarial deed of this case”) by entrusting a notary public to Law Firm E.
[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument
2. The Promissory Notes, the cause of which is determined at sight, must be presented for payment within one year from the date of issuance, and the time presented for payment shall be the maturity (Articles 77(1)2 and 34(1) of the Bills of Exchange and Promissory Notes Act), and if no lawful payment is presented within one year, it shall be deemed that the maturity has arrived at the end of the given period (see, e.g., Supreme Court Decision 2007Da40352, Nov. 15, 2007). In addition, if the Promissory Notes is not exercised within three years from the maturity date, the extinctive prescription expires (Articles 77(1)8, 78(1), and 70(1) of the Bills of Exchange and Promissory Notes Act). The Promissory Notes in this case are the Promissory Notes in sight. There is no assertion as to whether the payment system was duly presented within one year from July 19, 2011.
Therefore, in light of the aforementioned legal principles, the maturity of July 19, 201, which is the date of issuance of the Promissory Notes, from July 19, 201 to the end of one year, shall begin to run from that date, and the extinctive prescription of the Promissory Notes shall begin to run. Accordingly, the instant Promissory Notes shall be deemed to have expired on July 20, 201, when three years have elapsed from July 19, 2012.
Thus, insofar as the claim of this case is extinguished, compulsory execution based on the Notarial Deed of this case is enforced.