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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. In operating C Co., Ltd. (hereinafter “C”), the Defendant traded D’s annual gold transactions with the Plaintiff, and the Plaintiff issued and delivered promissory notes to the Defendant upon the payment of the Do gold price or the Defendant’s request for monetary loan.
B. Each Promissory Notes listed in the separate sheet (hereinafter “instant Promissory Notes”) is part of the Promissory Notes issued by the Plaintiff and delivered to the Defendant, and the Plaintiff paid each Promissory Notes listed in the separate sheet Nos. 1, 2, and 3 among them.
C. C was treated as default on and around November 27, 1997, and D was treated as default on and around December 2, 1997.
The defendant (the representative director of the Co., Ltd.) shall settle the amount after deducting the amount of the Do gold at the time of the default as of November 27, 1997, and shall settle the amount after deducting the amount of the Do gold at the time of the default from October 26 to October 27, 1997.
Around May 17, 2013, the Plaintiff and the Defendant drafted a written confirmation (No. 2, hereinafter “instant confirmation”) with the following content as follows:
E. On June 28, 2013, the Defendant remitted KRW 1.5 million to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff’s assertion against the Defendant that the maturity date after November 27, 1997, the date of the bankruptcy of C among the Promissory Notes in this case, and that the Defendant failed to pay, the Plaintiff asserts that the Promissory Notes in this case, which were attached Table 3, 6, 10, and 13, are the equitable bills that the Plaintiff delivered to the Defendant as a gold payment, and that the remainder of each Promissory Notes, which was issued by the Plaintiff, are the equity bills that the Plaintiff granted to
The defendant has a claim equivalent to the face value, and the defendant decided to settle the above agreed amount bonds and the Do premium amount against the plaintiff C through the letter of confirmation of this case. The defendant is required to pay to the plaintiff 310,570,000 won = the total face value of the Promissory Notes of this case 338,105,570 won.