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1. Promissory notes concluded on June 23, 201 between the Defendant and B as indicated in the separate sheet.
Reasons
1. Basic facts
A. On October 17, 2002, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) and an enterprise bank to guarantee the performance of its obligations for loans within the limit of KRW 34,00,000. On the same day, B jointly and severally guaranteed C’s obligations to the Plaintiff under the said credit guarantee agreement.
B. As C loses the benefit of time due to the overdue repayment of the above principal and interest of loan, the Plaintiff subrogated for KRW 31,371,035 to a corporate bank on December 12, 2005 according to the credit guarantee contract.
C. After that, the Plaintiff filed a lawsuit against C and B, etc. with Jeonju District Court 2006Kadan454, May 12, 2006, a protocol of conciliation stating that “B, etc. jointly and severally, shall pay to the Plaintiff 31,954,465 won and 31,371,035 won among them, 15% per annum from December 12, 2005 to January 26, 2006, and 20% per annum from the next day to the date of full payment.”
The remaining debt against the plaintiff in B based on the above protocol of compromise is KRW 43,644,32 as of the date of the closing of the argument in this case.
E. On the other hand, on June 23, 2011, B issued to the Defendant a promissory note in the separate sheet in the face value of KRW 175,651,000 (hereinafter “instant promissory note”). On the same day, B, a notary public, at the commission of the Defendant and B, drafted a promissory note notarial deed to the effect that B recognizes the compulsory execution under the instant promissory note (hereinafter “instant authentic deed”).
F. On July 4, 2011, the Defendant issued an execution clause of the instant notarial deed with the title of execution, and received an order for seizure and assignment of the claim for surplus funds in the auction procedure for Do-Eup branch branch of the Jeonju District Court, Jeonju District Court, Jeonju District Court, No. 2011TT2014, and accordingly received dividends of KRW 87,825,500 on February 13, 2014 in the distribution procedure for Jeonju District Court-Eup branch E.
G. B The Promissory Notes was made up on June 23, 2011.