어음금
1. The Defendant’s KRW 200,000,000 as well as 20% per annum from August 21, 2015 to September 30, 2015 to the Plaintiff.
1. On the ground of the following, the Defendant’s defense against this defense is unlawful as a litigation trust in which the Plaintiff’s lawful holder of a bill claims the payment of a bill, on the ground of endorsement and transfer of the bill on the ground of the Plaintiff for the following reasons.
① On December 30, 2012, the Plaintiff: (a) held two copies of the Promissory Notes (hereinafter “instant Promissory Notes”) issued by the Defendant at the face value of KRW 100,000,000; (b) December 30, 2012; and (c) December 30, 2013; and (d) holding two copies of the Promissory Notes (hereinafter “instant Promissory Notes”); and (b) held, despite being endorsed and transferred, the Plaintiff filed a lawsuit against the Plaintiff’s Intervenor, and subsequently filed a lawsuit against the Plaintiff’s Intervenor for the instant claim.
② The Plaintiff, as a certified judicial scrivener, is well aware of the lawsuit, and the Plaintiff’s Intervenor needs to cut his personal defense. The Plaintiff’s work on behalf of the Plaintiff, such as having the Defendant related to the Plaintiff’s Intervenor attend the Plaintiff’s assistance case.
③ Although a promissory note issued in the name of an individual is not likely to be discounted, it is difficult to understand that the Plaintiff’s Intervenor either grants it to D as the cost of manufacturing the greenhouse or exchanged with the original bill possessed by the Plaintiff.
④ Even based on the Plaintiff’s assertion, the Plaintiff is the person who was delegated to collect the bill from E, the actual acquisitor of the bill, and filed the instant lawsuit.
(4) However, as to the assertion, the Plaintiff recognized that the Plaintiff was in the status of creditor on behalf of the E, which was known to the general public in the process of acquiring the Promissory Notes, but it is difficult to regard it as a litigation trust.
Furthermore, it is difficult to view that the Plaintiff received endorsement and delivery of the Promissory Notes in order to file a lawsuit on the sole basis of the foregoing reasons, and Article 21 through 21.