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1. Certificates drawn up on March 12, 2014 by the Defendant’s notary public against the Plaintiff, which was written by the Defendant on March 12, 2014.
Reasons
1. Basic facts
A. On December 21, 2013, the Plaintiff registered as a business entity of “D” located in Seo-gu Incheon, Seo-gu, Incheon. The actual operator of the said D was E, and the Plaintiff served for “Fma”, and the Defendant supplied grain to the said D and Fmate.
B. Under the condition that the Defendant’s price of grain supplied to D was KRW 11,758,00 and KRW 11,242,000,000, the price of grain supplied to Frante, the Plaintiff and E borrowed additional KRW 20 million from the Defendant, and the Plaintiff and E jointly issued a promissory note with the Defendant on March 12, 2014, with the face value of KRW 43,000,000,000, the date of issuance, March 12, 2014; and on June 15, 2014, the due date of payment; the Plaintiff, E, and the Defendant entrusted a notary public of the General Law Office of Law, a notary public, as well as E, to prepare and deliver a notarial deed on the said promissory note to the Defendant. Accordingly, the said promissory note was written and issued to the Defendant.
C. On June 19, 2014, the Plaintiff paid KRW 24,900,000 to the Defendant, and KRW 3,300,000 to the Defendant, respectively, after the issuance of the instant promissory note document.
[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 5 and 6, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. Mainly, the Plaintiff’s portion of the debt amount under the Promissory Notes No. 20 million won was 23 million won, and E’s portion of the debt amount under the Promissory Notes No. 200 million won, but thereafter, the Plaintiff acquired the Plaintiff’s debt 4.9 million won and repaid all the Defendant on June 19, 2014, and thus, the Plaintiff’s debt under the said Promissory Notes No. 24. 309 million won was fully repaid.
B. Preliminaryly, the Plaintiff paid KRW 24.9 million, and KRW 3.3 million by E, and KRW 11,242,00 in the process of acquiring D from E, G concurrently accepted D’s portion of the debt under the said Promissory Notes’s Notarial Deed and repaid KRW 11,242,00.
C. The defendant is the plaintiff on the Notarial Deed of this case.