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1. It is confirmed that the Plaintiff’s liability for promissory notes stated in the separate sheet against the Defendant does not exist.
2. The plaintiff.
Reasons
1. Facts of recognition;
A. On April 18, 2007, the Plaintiff issued Promissory Notes (hereinafter “instant Promissory Notes”) as indicated in the separate sheet, and a notary public drafted the said No. 4855 of a document in order to make it effective for him/her to draw up the No. 2007.
B. On May 21, 2013, the Defendant filed a lawsuit against the Plaintiff to state the purport of the claim (hereinafter “the instant lawsuit”), and the instant case was proceeded by public notice, and rendered a judgment on May 21, 2013 that “the Plaintiff (the Defendant in the instant case; hereinafter the same shall apply) paid to the Defendant (the Plaintiff in the instant case) KRW 25 million and the amount calculated by the rate of 20% per annum from March 27, 2013 to the date of full payment,” and the said judgment became final and conclusive as it is.
C. The grounds for filing a final and conclusive judgment of the preceding case are that the Defendant set forth and lent KRW 25,00,000 on April 17, 2007 to the Plaintiff as of July 7, 2007 on the due date.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings
2. The parties' assertion
A. Since the Plaintiff did not borrow money from the Defendant, there is no obligation of this case’s bill and obligation under the final judgment of the preceding case.
In addition, the extinctive prescription of the Promissory Notes has expired.
B. The Defendant lent KRW 25,00,000 to the Plaintiff on April 17, 2007 (the date on July 17, 2007, which appears to be a clerical error in light of the grounds for the final and conclusive judgment of the previous case), and in relation thereto, the Defendant received a judgment in the preceding case, and the judgment became final and conclusive.
(3) The judgment of the court below on the claim for confirmation of the non-existence of the bill of exchange and Promissory Notes
A. (1) In the event that the date of presentment of payment of promissory notes in the relevant legal principles is indicated as “day-to-day payment,” the presentation of payment must be made within one year from the date of issuance (Article 77(1) and Article 34(1) of the Bills of Exchange and Promissory Notes Act, and there is no legitimate presentation of payment within that period.