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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Defendant and D presented the payment of C’s note held by each of them on October 11, 2013 as the bearer of the Promissory Notes issued by each Co., Ltd. (hereinafter “C”), the face value of KRW 100 million, and the due date of October 13, 2013.
B. However, upon the aggravation of the financial standing of C, the Defendants, D, and F, and the Plaintiff and C’s representative director G et al. held a countermeasure meeting on October 13, 2013, which are likely to default on the payment of bills. At the said meeting, the participants agreed to the effect that “The bill for which payment is proposed shall be deposited directly by the person who presented the payment of the bill by October 14, 2013, prevent the default on the payment of the bill, and the bill at maturity after October 14, 2013 shall be paid 10% of the amount of the bill in cash and the remaining amount shall be paid at 3-month interest calculated by 2% per month when re-issuance of the bill for which payment is extended after three months.”
The plaintiff was present at the meeting upon the request of the representative director H of E Co., Ltd. (hereinafter referred to as “E”) with C in the transaction relation with C, and the defendant was present at the above meeting, but he was present at the above meeting and left the place before such agreement was reached.
C. D on October 14, 2013, pursuant to the above agreement, deposited 100 million won in the C account and received the settlement of the bill with the said money. On October 16, 2013, D received KRW 600,000,000 interest for three months as well as the bill with the face value of KRW 10,000,000,000,000,000 from C on January 14, 2014.
D At the Plaintiff’s request, 100 million won was deposited in C’s account again in its own account under the name of 100 million won, and the Defendant received the settlement of C Bill which 100 million won was presented to her account.
[Ground of recognition] Facts without dispute, Gap evidence 1, 6, 14 through 16 (including branch numbers; hereinafter the same shall apply), witness D, and F's testimony and arguments.