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1. Promissory notes, No. 841, 201, drawn up by the Defendant’s notary public against the Plaintiff on May 31, 2011.
Reasons
1. Basic facts
A. In March 201, the Plaintiff joined the rupture system operated by D (100 million won) and received KRW 100 million from the end of May 201 through No. 3, 201.
B. On May 31, 201, the Plaintiff, along with D, received KRW 50 million from the Defendant, or paid KRW 50 million from the Defendant. The Plaintiff issued promissory notes with KRW 100 million in face value, and received a notarial deed as indicated in the disposition (hereinafter “notarial deed of promissory notes in this case”).
C. On January 13, 2015, the Plaintiff prepared a letter of intent to receive KRW 50 million among KRW 100 million on the Notarial Deed of Promissory Notes of this case from D and deliver it to the Defendant, and issued it to the Defendant.
[Reasons for Recognition] Evidence No. 3, Evidence No. 1, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The parties’ assertion (1) The Plaintiff’s assertion D lent KRW 50 million out of the limit of KRW 100 million to be paid to the Plaintiff from the Defendant to the Plaintiff.
The Plaintiff may prepare a promissory note in KRW 100,000 to D, because the amount paid for a long time is less than KRW 100,000,000,000,000 to the Plaintiff. It is only the Defendant prepared a promissory note in this case upon D’s request as a security for lending KRW 50,000 to D.
Therefore, since a person borrowing KRW 50 million from the defendant is not a plaintiff, the compulsory execution against the plaintiff based on the notarial deed of this case should be denied.
(2) The Defendant’s assertion that the Plaintiff was unable to receive the instant promissory note in a situation where the Defendant did not lend money, and thus, the Plaintiff prepared the instant promissory note No. 100 million won to be paid the said money, and written up each of the instant notes to the effect that the Plaintiff would be liable for KRW 50 million out of the debt 100 million on the instant promissory note No.