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1. The defendant's notary public against the plaintiff has a law firm C's executive force No. 2043, Dec. 9, 2008.
Reasons
1. On December 9, 2008 between the Plaintiff and the Defendant, a notary public of December 2008, prepared a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) stating that “the Defendant, on December 4, 2008, determined and lent KRW 4.8 million to the Plaintiff on December 16, 2008, 208, with no interest, and delay damages at 20% per annum” (hereinafter “notarial deed of this case”). The facts stated by the Defendant as the Plaintiff’s agent are either disputed between the parties or acknowledged by considering the overall purport of the pleadings as a whole.
2. The parties' assertion and judgment
A. The plaintiff asserted that the plaintiff did not prepare the notarial deed of this case, and even if the notarial deed of this case is valid, the defendant's claim based on the notarial deed of this case expired after the ten-year statute of limitations, and the court's immunity was granted to the plaintiff, and therefore, the plaintiff's compulsory execution based on the notarial deed of this case shall not be permitted.
In this regard, the defendant asserts that the period of prescription has not yet lapsed since the plaintiff partially repaid the loan to the defendant 8 years prior to the expiration of the period of prescription.
B. The plaintiff's assertion that the notarial deed of this case is null and void, unless there is any evidence that the defendant was present at the plaintiff's agent and there is no authority to represent the plaintiff at the time.
Next, according to the facts acknowledged earlier, as to whether the statute of limitations has expired on the instant notarial deed, the claim on the instant notarial deed was extinguished by the completion of the statute of limitations on December 16, 2018 when ten years have elapsed from December 16, 2008, the due date for payment, and there is no evidence to deem that there was a cause for interruption of the statute of limitations prior to the expiration of the statute of limitations.
Therefore, a claim under the Notarial Deed of this case.