대여금
1. The plaintiff's appeal and the conjunctive claim against the defendant C Co., Ltd. added in the trial are all dismissed.
2...
1. Basic facts
A. Defendant B is a representative director of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) who is the Plaintiff’s high-speed side and the Defendant C Co., Ltd.
B. D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) issued 14 copies of promissory notes equivalent to the total face value of KRW 1,257,934,725 (hereinafter collectively referred to as “each of the instant promissory notes,” and, where specific needs arise individually, the Defendant Co., Ltd. received each of the instant promissory notes from the Nonparty Co., Ltd., and exempted the Nonparty Co., Ltd from drawing up a protest of non-payment and transferred them to the Plaintiff.
C. On March 20, 2014, Nonparty Company: (a) filed an application for commencing rehabilitation procedures with the Suwon District Court 2014hap27, and (b) obtained the decision to commence rehabilitation procedures on April 29, 2014; and (c) obtained the rehabilitation plan approval on July 9, 2015.
On April 8, 2014, the Plaintiff presented a payment proposal of each of the instant promissory notes, but the payment was refused on the ground of the legal limitation of payment.
[Ground of recognition] Facts without dispute, entry of Gap evidence 8 (including branch numbers; hereinafter the same shall apply) and the purport of whole pleadings
2. The plaintiff's claim against the defendant B and judgment as to the main claim against the defendant C Co., Ltd.
A. The gist of the Plaintiff’s assertion 1) The Plaintiff received a promissory note issued by the non-party company for the purpose of securing the loan from the Defendant B, and lent money to the Defendant B. The Defendant Company endorsed the said loan to the non-party company’s promissory note issued by the non-party company as security, thereby guaranteeing the above loan obligation.
① On April 25, 2013, the Plaintiff loaned KRW 180,000 to Defendant B (the actual remittance amount shall be KRW 169,704,00,000 after deducting the interest of KRW 10,296,00), and the list of Nonparty Company’s issuance, which was endorsed by the Defendant Company as a joint and several surety, shall be as specified in the attached Table 2.