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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. C is a person appointed as the representative director of the Defendant on February 22, 2011 and served as the representative director of the Defendant until December 20, 2011.
B. Upon borrowing KRW 30,00,000 from D on October 28, 201, the Defendant’s representative director C issued one copy of a promissory note, which is indicated as the Seoul Metropolitan Government at the place of issuance (hereinafter “instant promissory note”) with the blank space for the payee’s column as collateral, with the face value of KRW 30,000,000,000,000 at face value, the issuer, the Defendant, the issue date, October 28, 201, the due date, May 9, 201, and the issue date.
C. F, which was called the president of E, a major shareholder of the Defendant Company, had D at the same day endorsement of the Promissory Notes in blank for the purpose of securing that the endorsee was in blank.
D Even after receiving reimbursement of KRW 30,000,000 from the Defendant around December 201, 201, D owned the Promissory Notes, but sought the Plaintiff’s talk that “The instant Promissory Notes should be brought to F because there is money to be paid from F,” and delivered the instant Promissory Notes to the Plaintiff.
E. The Plaintiff filed the instant lawsuit by filling the recipient column of the Promissory Notes to the Plaintiff, and the instant warden served on May 27, 2013 on the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-3, witness D of the first instance court, the purport of the whole pleadings
2. Examining the determination as to the cause of the claim, the Defendant issued and delivered the Promissory Notes to D on October 28, 201, and D delivered the Promissory Notes to the Plaintiff, which was the addressee’s blank, the Plaintiff was in possession of the Promissory Notes present, and the Plaintiff filed the instant lawsuit to supplement the Plaintiff in the addressee’s column, and the Plaintiff’s delivery of the Promissory Notes to the Defendant on May 27, 2013 is as seen earlier, and barring any special circumstance, the Defendant, the issuer, as the Plaintiff, had the effect of proposing the payment of the Promissory Notes amounting to KRW 30,00,000 and the payment of the Promissory Notes.