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1. Certificates drawn up on April 5, 201 by the Defendant’s notary public against the Plaintiff, which was signed by the Defendant on April 5, 2011.
Reasons
1. Facts of recognition;
A. B Co., Ltd. (hereinafter “B”) established a medical corporation D (hereinafter “D”) under the possession of a building of 1,692 square meters and its ground (hereinafter collectively referred to as “instant real estate”) in Jeonju-si, and entrusted the instant real estate to a medical corporation, and promoted the opening of a hospital specializing in rehabilitation of the elderly (hereinafter “instant hospital”).
B. On April 2, 2010, the Defendant entered into a contract for the entrusted operation of the restaurant to provide group meals to patients and employees of the instant hospital (hereinafter “instant restaurant operation contract”), and leased from D a deposit of KRW 100,00,000, and the term of lease from April 2, 2010 to April 2013, the Defendant leased the instant restaurant of the first floor above the instant hospital (hereinafter “instant restaurant”) from D. The deposit was paid to the said Medical Foundation around that time.
C. B recovered the ownership of the instant real estate from D on June 16, 2010, and sold it to the Plaintiff. The Plaintiff changed the name of the instant hospital to “F convalescent Hospital” and succeeded to the instant restaurant operation agreement on July 19, 2010.
From August 2010, the Defendant provided entrusted meals to the instant hospital, and additionally paid KRW 50,00,000 to the Plaintiff on December 11, 2010 as the beds of the instant hospital increased.
Accordingly, G, a vice president of the instant hospital, prepared and delivered to the Defendant a promissory note of KRW 50,000 at par value, No. 2656,00,000, at the law firm Barun Law Office No. 2010.
E. On April 4, 2011, the Defendant agreed with the Plaintiff on April 4, 201, that “if the instant hospital arrived at 100 sickbeds, the additional deposit KRW 50,000,00 shall be paid to the Plaintiff, and the said additional deposit shall be delivered with a promissory note Notarial Deed from the Plaintiff to secure the said additional deposit” (hereinafter “Agreement dated April 4, 201”).
Accordingly, the Plaintiff issued the date of issuance on April 4, 2013, the date of payment August 13, 2013, and the face value 50.