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1. The defendant's notary public against the plaintiff is No. 148, 2008 prepared by C on July 24, 2008.
Reasons
1. Basic facts
A. On July 1, 2008, the Plaintiff issued a promissory note with a face value of KRW 10,000,000 at face value, the Defendant, and the due date for payment (hereinafter “instant promissory note”). On July 24, 2008, when delay in the payment of the Promissory Notes to the holders of the instant Promissory Notes, the Plaintiff drafted a promissory note notarial deed with a content that, even if being subject to compulsory execution, there is no objection thereto (hereinafter “instant notarial deed”).
(A) Evidence No. 1). (b)
On January 9, 2019, the Defendant issued a collection order as to KRW 10,00,000, out of the Plaintiff’s lease deposit return claim against D as Seoul Southern District Court 2018TTT District Court 2018TTTT16973.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. Determination
A. The plaintiff asserts that, since the statute of limitations for a bill claim under the Notarial Deed of this case has expired, compulsory execution based on the Notarial Deed of this case should be denied.
In this regard, the defendant asserts that the period of prescription of the claim on the Notarial Deed of this case should expire ten years, and the defendant, before the expiration of ten years, received a seizure and collection order using the Notarial Deed of this case as the executive title, so that the prescription has been interrupted.
B. In light of the determination, the presentation for payment of the Promissory Notes in sight shall be made within one year from the date of issuance (Article 34(1) of the Bills of Exchange and Promissory Notes Act). If there is no lawful presentation within the said period, the due date shall expire on the last day of the said period and the extinctive prescription (three years) shall run from that time (see Supreme Court Decision 2007Da40352, Nov. 15, 2007). As long as the Defendant did not make a lawful presentation within one year from the date of issuance of the Promissory Notes, the claim for the Promissory Notes shall expire on July 1, 2012 after one year from the date of issuance of the Promissory Notes.