1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. Upon receipt of a request from C for the discount of one of the promissory notes with the face value of KRW 90 million issued by E (hereinafter “E”) whose representative director is the Plaintiff, the Defendant requested the Plaintiff to discount the Promissory Notes (hereinafter “instant Promissory Notes”). On November 17, 2004, the Defendant requested the Plaintiff to discount the Promissory Notes.

B. Accordingly, on November 18, 2004, the Plaintiff agreed to deposit the amount equivalent to the discount amount used by the Defendant and the Defendant at the discount of the bill of this case in one half of the half of the discount amount, and then to deposit the amount equivalent to the discount amount used by each issuer to the account of E, the issuer, by March 15, 2005, the date of payment of the said bill. On the same day, Daegu Bank discounted the bill of this case at KRW 88 million.

C. On November 19, 2004, the Plaintiff remitted the amount of KRW 41 million out of the amount of the bill discount to the Defendant, and used the remaining KRW 47 million. On November 20, 2004, the Defendant paid KRW 41 million to C as remittance or check.

On the other hand, the bill of this case was settled in default on December 7, 2004, and the Plaintiff settled the amount equivalent to KRW 28 million out of the discount amount of the bill of this case to the Daegu Bank.

【In the absence of dispute over the grounds for recognition, Gap evidence 1, 2, Eul evidence 1, 2-1 and 2-1, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The Plaintiff asserted that the Defendant agreed to pay to the Plaintiff the discounted amount of KRW 41 million used by the Defendant on November 18, 2004, and that the Defendant would pay the discounted amount of KRW 41 million used by the Defendant. The Plaintiff asserted that the Defendant paid the discounted amount of KRW 41 million and the delay damages.

B. On November 18, 2004, it is difficult to believe that the Defendant agreed to pay KRW 41 million to the Plaintiff out of the discount amount of the bill of this case, and that the Plaintiff and the Defendant used the discount amount in one half of the bill of this case on November 18, 2004, and then used the discount amount in one half of the bill of this case until March 15, 2005.