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(영문) 의정부지방법원고양지원 2019.08.14 2019가단77237
청구이의
Text

1. The Defendant’s notary public against the Plaintiff (Law Firm C) No. 1274, Nov. 15, 2012.

Reasons

1. Facts of recognition;

A. On November 15, 2012, the Plaintiff issued a promissory note with the issuer and D, the payee, the Defendant, the face value of 88,000,000, the issue date, November 15, 2012, and the due date of payment (hereinafter “instant promissory note”) to the Defendant.

B. On November 15, 2012, the Plaintiff and the Defendant drafted a notarial deed stating that “In the event a notary public commissions a law firm to pay a promissory note to C, the issuer of the Promissory Notes shall recognize and recognize that there is no objection even if he/she is immediately subject to compulsory execution if he/she delays the payment of the amount of the Promissory Notes to the holder of the Promissory Notes” (hereinafter “notarial deed of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The promissory note payable at sight for the cause of the claim must be presented for payment within one year from the date of issuance, and at the same time when presented for payment (Articles 77(1)2 and 34(1) of the Bills of Exchange and Promissory Notes Act), and if no lawful payment is presented 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 promissorysory note has not been 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 unless it is exercised within three years from the due date (see, e.g., Supreme Court Decision 2007Da40352, Nov. 15, 2012).

Therefore, in light of the aforementioned legal principles, the maturity of November 15, 2013, which is the date of issuance of the Promissory Notes, from November 15, 2012 to the end of one year, shall expire and the statute of limitations for the Promissory Notes shall run from that date. Thus, it shall be deemed that the statute of limitations has expired on November 16, 2016, when three years have elapsed from November 15, 2013.

Thus, as long as the claim of this case is extinguished, this case.

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