어음금
1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:
The defendant.
1. Basic facts
A. On November 16, 201, the Plaintiff entered into a contract from the Defendant’s husband, the Defendant, to purchase “E” on the ground (hereinafter “the instant cartel”) on the land outside Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul (hereinafter “the instant cartel”) for KRW 1.350 million (hereinafter “the instant sales contract”).
B. At the time of the conclusion of the instant sales contract, C filed a lawsuit seeking delivery, etc. of the instant Moel against F, a lessee of the instant Moel (Seoul Eastern District Court 201Gahap20759), and was in progress. On July 4, 2012, C was sentenced to dismissal of the part demanding delivery of the instant Mour.
C. On July 13, 2012, the Defendant issued and delivered to the Plaintiff a promissory note with the face value of KRW 30 million, and the due date as of July 28, 2012, the issuer, the issuer, the Plaintiff, the place of payment, and each of the place of issuance, with I (hereinafter “instant promissory note”).
On July 13, 2012, the date of issuance of the Promissory Notes in this case, the Plaintiff withdrawn KRW 20 million from the Plaintiff’s husband’s account under the Plaintiff’s husband’s name, and the Plaintiff’s Dong H withdrawn KRW 10 million from the Plaintiff’s account upon the Plaintiff’s request. On the same day, the Plaintiff requested the Defendant to promptly resolve the issue of delivery of the instant telecom, and issued KRW 30 million to G.
E. On August 30, 2012, the Plaintiff sent to C a certificate of content that the Plaintiff would cancel the instant sales contract on the grounds that it is difficult to deliver the instant cartel prior to the rapid date. On September 5, 2012, C sent a certificate of content that it would accept the Plaintiff’s declaration of intent to cancel the contract, thereby cancelling the agreement.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 6 evidence, Eul evidence 2-1 to 3, Eul evidence 2, Eul evidence 3-1, 2, Eul evidence 4, part of witness G of the party trial and the purport of the whole pleadings
2. The parties' assertion
A. The Defendant issued the Promissory Notes to the Plaintiff.