손해배상(기)
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2...
The principal lawsuit and counterclaim shall be judged together.
1. Basic facts
A. The Plaintiff is the representative of “Co., Ltd.,” and the Defendant is the person who mainly engages in the branch wholesale business under the trade name of “E” by making D as his/her representative.
The Plaintiff has continued transactions from November 2009 to December 201, 2012, which provide the Defendant with a site necessary for publishing and settle the price with a promissory note, etc. from time to time.
B. On July 30, 2013, the Plaintiff issued, respectively, a promissory note with a face value of KRW 15 million at a face value as of September 30, 2013, ② Promissory note with a payment date as of October 31, 2013, ③ a payment date of KRW 8 million at a face value as of October 31, 2013, and ③ a payment date of KRW 10 million at a face value as of November 30, 2013.
(4) The Plaintiff endorsed a promissory note (G bank H and E No. 3; hereinafter “F-issued Promissory Notes”) signed on October 7, 2013 by F Co., Ltd. as the representative of C and delivered it to D, which was signed on May 3, 2014, with the face value of KRW 10 million, which was issued by F Co., Ltd. on October 7, 2013.
However, the Plaintiff did not pay the above three promissory notes issued by itself, and the said promissory notes issued by F was subsequently rejected.
C. On October 2015, the Plaintiff also endorsed and delivered to D Co., Ltd. a promissory note (K Bank L, A No. 1, hereinafter “instant promissory note”) signed on September 18, 2015 with the face value of KRW 20 million issued by J as of September 18, 2015, and the due date as of March 31, 2016 as the representative of C.
At the time, D used a custody certificate (Evidence A attached) stating that “I, while keeping the above bill regularly, promise I will use KRW 2 million at discount, KRW 1 million at reimbursement, KRW 12 million at cost, and KRW 5 million at the balance of KRW 70 U.S. 750,000 (a summary of KRW 70 U.S. 750) after remitting to the Plaintiff.”
The Plaintiff was the Daegu District Court 2015KaGong229 around December 2015.