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1. The Defendant’s notary public against the Plaintiff is on the notarial deed of Promissory Notes No. 370, 2016.
Reasons
1. Basic facts
A. Around April 2016, the Plaintiff entered into a construction agreement with the Defendant and the said construction work as a contractor of the road maintenance work around the Gwangju Local Public Officials Training Center for the construction cost of KRW 37,700,000 and the construction period from April 14, 2016 to July 12, 2016 (hereinafter “instant construction agreement”).
B. On April 12, 2016, in order to guarantee the payment of the construction price under the instant construction agreement, the Plaintiff prepared and issued to the Defendant a notarized deed of promissory note amounting to KRW 64.5 million (hereinafter “notarial deed of this case”) with No. 370 of the No. 2016, which was issued by a notary public to the Defendant.
C. As the instant construction agreement was rescinded, the Plaintiff and the Defendant agreed to invalidate the instant notarial deed on April 20, 2016, and the Defendant issued and delivered a written confirmation to the Plaintiff that “I confirm that all legal responsibilities arising from the use of the notarial deed after the next notarial deed is held liable to the Defendant on the grounds that the instant construction agreement is null and void.”
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
A. The Plaintiff’s obligation to pay the construction price under the instant construction agreement, which is the execution obligation of the instant notarial deed, to determine the cause of the claim, was extinguished upon the rescission of the instant construction agreement, and further, the Plaintiff and the Defendant agreed to invalidate the instant notarial deed on the grounds of such termination is as seen earlier. Therefore, compulsory execution based on the instant notarial deed should be denied.
B. On February 8, 2017, the Defendant agreed that the instant notarial deed is useful for guaranteeing the payment of construction price under each construction agreement between the Plaintiff and the Defendant, as the Plaintiff and the Defendant agreed on February 8, 2017 for the purpose of guaranteeing the payment of construction price under each construction agreement with respect to the notarial deed of this case.