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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning of the court of first instance for the acceptance of the judgment is as follows: (a) deleted “the instant case, in which there is no evidence of assertion as to the legal relationship causing account transfer” under Articles 4, 9, and 10 of the judgment of the court of first instance; and (b) other than making an additional determination under paragraph (2), it is identical to the part of the reasoning of the judgment of the court of first instance; and (b) thereby, it is acceptable
2. Additional determination
A. Defendant B prepared the instant promissory note performance statement on the premise that the promissory note No. 2 (hereinafter “instant promissory note”) shall be discounted, but Defendant B’s submission of the instant promissory note was invalid as the Plaintiff, the issuer of the said note, was unable to obtain a discount on the promissory note, and thus, the instant promissory note performance is invalid. The Defendant did not have an obligation to pay the agreed amount to the Plaintiff.
However, there is no evidence to acknowledge that the Defendant prepared the promissory note of this case on the condition that the Defendant would have received a discount on the bill, and instead, comprehensively taking account of the witness I’s testimony and arguments, I received a discount of KRW 72 million from Defendant B to the Plaintiff on March 2014, after deducting KRW 30 million from the material cost to be paid to the Plaintiff at a discount of the Plaintiff. I paid KRW 56 million out of the above amount. However, the Plaintiff had already defaulted on the payment of the above amount, but there is a difference between the Plaintiff’s replacement of the above check of this case and the Plaintiff’s replacement of the other bill of this case, and the Defendant B delivered two copies of the other bill of this case (one hundred million won in total after Defendant B requested the Plaintiff to pay the promissory note of this case) to the Plaintiff (the above two copies of the promissory note of this case, and the Defendant B issued the promissory note of this case to the Plaintiff at a discount of KRW 100 million to the Plaintiff.