1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The plaintiff, around 2007, will perform the work of entering into a land purchase reservation to purchase land from the owners of the land in Busan Dong and Ddong for the purpose of providing for the apartment construction and sale business of the C Regional Housing Association.

On September 21, 2007, the Plaintiff borrowed KRW 40 million from the Defendant (hereinafter “the instant loan”). On the same day, the Plaintiff issued and delivered a promissory note as of March 20, 2008 (hereinafter “the instant promissory note”) to the Defendant as of September 21, 2007, which entered as of March 20, 2008, with the issuer, the payee, the Defendant, and the face value of KRW 140,000,000, and the due date. On the same day, a notary public, as of March 20, 2007, issued a notarial deed to the effect that there is no objection if the Plaintiff delayed the payment of the instant promissory note as of March 20, 207, even if he is subject to compulsory execution (hereinafter “the instant notarial deed”).

c) Does;

On May 22, 2017, the Defendant applied for provisional seizure of the claim amounting to KRW 140 million with the Busan District Court 2017Kadan51442, which made the Plaintiff as the debtor and C District Housing Association as the third debtor, and received a decision on provisional seizure of the claim from the above court on May 26, 2017 (hereinafter “decision on provisional seizure of claim”). On May 23, 2017, the Defendant applied for the seizure and collection order of the claim from the debtor and C District Housing Association as the third debtor and applied for the seizure and collection order of the claim from the above court (hereinafter “instant seizure and collection order”), and on May 26, 2017, with the Plaintiff as the debtor and C District Housing Association as the third debtor, the fact that there is no dispute over the claim amounting to KRW 1,200,000,000,000,000 from the above court.

2. Article 70(1) and Article 77(1) of the Bills of Exchange and Promissory Notes Act, the extinctive prescription of which is completed for a claim against the issuer of a promissory note which is judged as to the cause of the claim, unless exercised within three years from the maturity date.