1. The defendant's notary public against the plaintiff is based on the notarial deed No. 1535 of Seoul General Law Firm No. 2005.

1. Basic facts

A. On August 12, 2005, the Plaintiff issued to the Defendant a promissory note (hereinafter “instant promissory note”) with a face value of KRW 6 million and a due date as “day for payment.” On the same day, a notary public drafted a notarial deed (hereinafter “instant notarial deed”) which recognizes compulsory execution with respect to the said promissory note as Seoul General Law Firm, No. 1535, 2005.

B. On November 3, 2015, upon the Defendant’s request based on the instant notarial deed, there was a decision to issue a seizure and collection order under this court’s 2015TT2494 regarding the Plaintiff’s deposit and other claims (hereinafter “instant decision”).

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s claim against the Plaintiff was completed three years after August 12, 2005, the issue date of the Promissory Notes of this case, or after August 12, 2006, respectively.

B. Since the promissory note of this case is payable at sight, the starting date of the extinctive prescription of the claim is from August 12, 2005 to August 11, 2006, which was 1 year after the issue date of the promissory note, and as such, there was a decision in this case before the lapse of 10 years thereafter, the extinctive prescription was not completed.

3. Determination

A. The presentation for payment of a bill payable at sight must be made within one year from the date of issuance (Article 34(1) of the Bills of Exchange and Promissory Notes Act). If there is no lawful presentation within the said period, it shall be deemed that the maturity comes due on the last day of that period, and the extinctive prescription of the obligation of the bill shall run from that time.

(See Supreme Court Decision 2007Da40352 Decided November 15, 2007). B.

In full view of the above facts, the starting date of the extinctive prescription of the Defendant’s promissory notes and bonds based on the Notarial Deed is August 12, 2006, which was one year after the date of issuance, and barring any special circumstance, Article 70(1) of the Bills of Exchange and Promissory Notes Act of three years thereafter.