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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.
Reasons
1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1, 3 through 6, 18, and Eul evidence Nos. 6 through 11, and 19 may be admitted by integrating the whole purport of the pleadings:
Plaintiff
On November 14, 2012, the Plaintiff changed its trade name from C to Korea as of November 14, 2012. The Plaintiff is a stock company with the purpose of business development, etc. of hamba-cell therapy, and was one of the affiliates of the so-called “H” (the president D, general manager I, and total hereinafter referred to as “D, etc.”) controlled by D using the borrowed name shares, and the Defendant is the bond company.
B. On March 23, 2010, the Plaintiff offered capital increase with the third party allotment method using the purpose of using the fund as clinical expenses, etc. for antiamba-cell therapy therapy, and procured KRW 23,154,920,740 in total on March 24, 2010.
(hereinafter “instant capital increase with consideration”) C.
D, etc. used part of the Plaintiff’s subscription price for new shares issued for the purpose of H’s repayment of existing bonds. For this reason, a cover note issued by the Plaintiff to the Defendant around June 2010 is divided or integrated into original bills (commercial bills or trade bills) held at a discount by a bank, etc. and a promissory note newly issued by the purchaser in the future. In this case, the issuer becomes a bank, etc.
The provisions of the Bills of Exchange and Promissory Notes shall apply to bills issued at a discount or in the form of instruction within the limit of the amount obtained by subtracting the balance of general sales from the balance of commercial bills and the discounted balance of trade bills, unless there
Therefore, the purchase by investors of the cover bill issued by financial institutions at discount is the discount of the bill, and the amount of the bill is responsible and repaid by the financial institution, which is the issuer of the cover bill, at the maturity of the cover bill.
Where a cover bill is issued in real, the holder of the cover note shall request the exchange to the creditor bank at least one business day prior to the due date and shall be the holder of the cover note.