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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. On January 5, 201, the Plaintiff leased KRW 100,000,00 to E with interest rate of KRW 1,50,000 per month. At the time of the Defendant’s father, C, a representative director of E, a stock company, as the Defendant’s agent, jointly guaranteed the Defendant’s above loan obligation against E (hereinafter “the instant loan obligation”).
B. In order to secure the payment of the instant loan to the Plaintiff, C issued each of the promissory notes with a face value of KRW 50,000,000 at a face value of June 30, 201, which is issued by Co., Ltd., Ltd., and one of promissory notes with a face value of KRW 50,000,000 at a face value of December 26, 2011 (bill No. 7, hereinafter “instant Promissory Notes”) and one of promissory notes with a face value of KRW 50,00,000 at a face value of December 26, 2011.
C. C returned to the Plaintiff the instant bill No. 1 that was issued as a security thereafter, and delivered to the Plaintiff a note 50,000,000 won per December 26, 201, at the time of the date of the issuance of H Co., Ltd. (hereinafter “instant bill No. 3”) with the face value of KRW 50,00,00,00, which was substantially managed by C. D.
The Plaintiff presented to pay the third bill of this case and paid KRW 50,000,000 on December 27, 201, but did not pay the second bill in arrears.
[Ground of recognition] A without dispute, Gap evidence 1 (a person who marks the defendant's seal according to the testimony of the witness C of the first instance trial, the person who marks the defendant's seal in the above document is the father of the defendant, Eul evidence 3-3, and some testimonys of the above witness are prepared according to the authority delegated by the defendant and thus the authenticity is acknowledged. Eul evidence 1, Eul evidence 3-1, 2, Eul evidence 3-2, Eul evidence 4, Eul evidence 3-2, Eul evidence 4, Eul evidence 4-2, Eul evidence 4-5, Eul evidence 6-1 through 6-6, and Eul evidence 6-2.