대여금
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.
1. The court's explanation of this part of the judgment on the loan claim is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with Article 420 of the Civil Procedure Act
2. Determination on the claim for agreed amount
A. Fact 1) The Plaintiff is running the business of manufacturing and installing steel structures with the trade name “E”, and the Defendant is a stock company C (hereinafter “C”) established for the purpose of steel structure construction business.
(2) On September 9, 2009, the Plaintiff re-subcontracted the parts of the steel structure manufacturing and painting construction (hereinafter “instant construction”) among the steel frame construction works subcontracted by C from Nam Young Construction Co., Ltd. (hereinafter “Nam Young Construction”).
3) Upon receipt of the Defendant’s request to discount two electronic bills of total face value of KRW 72,00,000 (one electronic bill of KRW 27,00,000 per face value, KRW 45,000 per face value, and one electronic bill of KRW 45,000 per face value) issued by Nam Young Construction, the Plaintiff issued one electronic bill of KRW 27,000 per face value on October 23, 2009 through a national bank, and issued one electronic bill of KRW 45,00,000 per face value on the 27th of the same month at face value, and one electronic bill of KRW 40,000 per face value on the 30th of the same month at face value on the 30th of December 30, 209 (one bill of KRW 72,000,000 per face value, KRW 400,000 per face value, each of which is paid to the Plaintiff by 00,7000,7000.20 each of the aforesaid electronic bill.
(5) On April 7, 2010, the Defendant repaid the principal and interest on a discount of 27,000,000 foot electronic bills at face value to the National Bank (hereinafter “instant agreement”). The Defendant paid the principal and interest on the discount of 27,430,697 won to the National Bank (the foregoing discount was paid from the deposit account in the name of C Co., Ltd.)
(6) On July 2, 2010, the Defendant repaid KRW 27,000,000 to the Plaintiff out of KRW 72,000,000 of the electronic bill, and KRW 24,00,000 of the electronic bill was repaid on July 5, 2010.