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Reasons
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(영문) 서울고등법원 2016.05.27 2015나31065
어음금
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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 26, 2007, the Plaintiff loaned KRW 500 million to C on January 7, 2008 (hereinafter “the first loan obligation”) with the due date fixed on January 7, 2008 (hereinafter “the first loan obligation”).

(D) D Co., Ltd. (hereinafter “D”).

(2) On February 1, 2008, the Plaintiff again agreed that C, including the existing principal and interest, was due and payable on April 30, 2008, as C’s joint and several debt 1) C was unable to repay the first loan debt.

(3) On October 31, 2008, the Defendant acquired D’s shares and right of management from C, and acquired C’s secondary loan obligations against C (hereinafter “the obligation assumed by the Defendant”) with respect to C’s share and right of management (hereinafter “the obligation assumed by the Defendant”) (hereinafter “the obligation assumed by the Defendant”).

(4) On April 13, 2009, the Defendant issued a promissory note with a total face value of KRW 750 million (hereinafter “instant promissory note”) to the Plaintiff, as indicated below, for the payment of the debt acquisition amount of the instant case to the Plaintiff.

The date of issuance of par value of KRW 120 million on April 13, 2009, KRW 120 million on April 13, 2009, KRW 226 billion on April 30, 2009, KRW 210 million on April 30, 2009, KRW 20 million on April 30, 2009, KRW 4.214 billion on April 30, 2009, KRW 750 million on April 13, 2009.

B. On May 13, 2009, the Plaintiff lent KRW 300 million to the Defendant, and the Defendant was unable to pay a promissory note as stated in paragraph (1) No. 1, which became due until the maturity to the Plaintiff. Accordingly, the Defendant received a receipt from the Plaintiff to the effect that the said promissory note was repaid by the Plaintiff, and the Plaintiff prepared a certificate of deposit for cash borrowed from May 13, 2009 to August 12, 2009, including the said amount of KRW 120 million, and the said amount of KRW 450,000,000,000,000 including the said amount of KRW 120,000,000,000,0000 from May 13, 200 to August 12, 2009, and the monthly amount of KRW 2% of the loan (hereinafter the above background

2) On May 13, 2009, E Co., Ltd. (the defendant)

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