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(영문) 광주지방법원 2019.09.19 2019가단505154
청구이의
Text

1. The defendant's notary public against the plaintiff has the executive force of No. 150 in 2008, which is a document written by C.

Reasons

1. Basic facts

A. On July 24, 2008, the Plaintiff and the Defendant entrusted the preparation of a notarial deed on a promissory note (hereinafter “instant promissory note”) stating “the Plaintiff, the payee, the Defendant, the face value of KRW 5,000,000, and the date of issuance on June 23, 2008, and the date of payment on June 23, 2008.” As to the instant Promissory note, the Plaintiff signed a notarial deed (hereinafter “notarial deed”) by a notary public stating the purport to the effect that there is no objection even if the Plaintiff delays the payment of the said note to the holder of the instant Promissory Notes, even if he is subject to compulsory execution.”

B. On January 2, 2019, the Defendant requested the Gwangju District Court to order the seizure and collection of the Plaintiff’s deposit claim against D Co., Ltd. based on the instant authentic deed, and the said court accepted the said application on January 4, 2019.

(2019.47. [Grounds for recognition] / [Ground for recognition] A; entry of Gap evidence 1 and 2; purport of the whole pleadings

2. The promissory note payable at sight in the determination of the cause of the claim must be presented for payment within one year from the date of issuance, and the time of presentation shall be the maturity (Articles 77(1)2 and 34(1) of the Bills of Exchange and Promissory Notes Act), and if there is no lawful presentation within one year, it shall be deemed that the due date has arrived at the end of the given period (see, e.g., Supreme Court Decision 2007Da40352, Nov. 15, 2007). In addition, the right to claim against the issuer of a promissory note shall expire if it is not exercised within three years from the due date (Articles 77(1)8, 78(1), and 70(1) of the Bills of Exchange and Promissory Notes Act). The statute of limitations expires if it is not exercised within three years from the due date (see, e.g., Articles 77(1)8, 78(1), and 70(1) of the Bills of Exchange and Promissory Notes.

Therefore, in light of the above legal principles, the issue date of the Promissory Notes in this case is the end of June 23, 2009, which is the end of one year from June 23, 2008, and the maturity of June 23, 2009.

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