어음금
1. The Plaintiff’s rehabilitation claim against the Plaintiff Company B is KRW 180,513,698 and the rehabilitation claim against the Plaintiff Company B from February 27, 2018.
1. Basic facts
A. On November 22, 2017, B drafted a promissory note of KRW 600 million at a discount to E who operated D, and then issued two copies of a promissory note of KRW 150 million at a face value of KRW 150 million to E, and issued two copies of a promissory note of KRW 300 million at a face value of KRW 20 million at a discount to E who operated D. < Amended by Presidential Decree No. 28079, Nov. 22, 2017; Presidential Decree No. 27905, Feb. 26, 2018>
B. E was distributed in order to discount the above promissory note and transferred by endorsement to D, F, G, H, and I Co., Ltd. in sequence, but it was failed to seek funds at the discount of the said promissory note, and the said promissory note was endorsed and transferred again to D again on November 30, 2017.
C. However, E promised to return the said Promissory Notes to the Defendant on December 19, 2017, on the ground that the account of D Co., Ltd. was settled by an enterprise bank, and that it was not immediately returned the said Promissory Notes to the Defendant. On January 12, 2018, E entered into an agreement with the Defendant, and on January 12, 2018, provided one of the said Promissory Notes as collateral and provided as collateral, and borrowed KRW 200 million including the amount of prior interest deduction.
B On March 20, 2019, the Seoul Rehabilitation Court 2019 Gohap10047 decided to commence rehabilitation proceedings, and C taken over the proceedings of this case by the receiver of the rehabilitation company.
E. The Plaintiff filed a petition with the rehabilitation court for KRW 226,165,818 as rehabilitation claims, including the loan principal of KRW 200 million and interest and damages for delay under the Bills of Exchange and Promissory Notes Act and the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. The Defendant raised an objection against this.
[Ground of recognition] Facts without dispute, entry of Eul's evidence 1 to 5 (including additional number), the purport of the whole pleadings
2. Determination
A. According to the above findings of the determination as to the cause of the claim, the Defendant, the issuer of a promissory note, barring any special circumstance, is the Plaintiff, who is the last holder, at least KRW 200 million and the loan principal sought by the Plaintiff within the scope of face