beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A. Around July 31, 2006, Nonparty B Co., Ltd. (hereinafter “B”) entered into a loan agreement with the Defendant with the purpose of establishing a corporation for the importation and sale of text messages. The Plaintiff jointly and severally guaranteed the Defendant’s claim for the loan, and the Plaintiff created a collateral security agreement with the Defendant, the mortgagee, the Defendant, and the debtor, with respect to the real estate owned by the Plaintiff.
B. B received, on November 10, 2008, a promissory note of KRW 93,420,000 at the face value of the issuance of the non-party-party-based corporation (hereinafter “Koreaex”) at the discount of KRW 100,000,000 from the Defendant, respectively, and received KRW 19,910,00,000 at the face value of the issuance of Korea-basedex on December 11 of the same year.
C. B, upon the settlement of bankruptcy on January 30, 2009, the Plaintiff paid 200,700,000 won to the Defendant on March 26, 2009, out of the amount of promissory notes with a face value of KRW 100,00,00,000 among the amount of promissory notes with a face value of KRW 100,000,000 to the Defendant, respectively.
[Ground of recognition] Evidence Nos. 1, No. 1 to 5, and the purport of the whole pleadings
2. The plaintiff's assertion and the judgment are that since each of the above promissory notes has no relationship between D. K.T. and B with B, the defendant, a financial institution, can refuse to pay the amount of the promissory notes if it falls under a financing bill after confirming whether the said promissory notes are true or advanced, even though the defendant, who is a financial institution, may refuse to pay the amount of the promissory notes, by confirming whether the said notes are a financing bill, and by urging the plaintiff, who is a joint and several surety for the above lending obligations and who provided real estate as a security, to apply for the auction of the above lending obligations, the plaintiff made a payment for the above promissory notes amounting to the above amount of KRW 293,30,000 (=93,420,000,19,910,000) and the delay damages therefrom.
Doctrine, other person.