beta
Text
1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. Defendant C is the Plaintiff’s KRW 978,021,070 and the Plaintiff’s KRW 748,201.
Reasons
1. Basic facts
A. The Plaintiff’s claim 1) Defendant C issued three promissory notes with D issuance No. 1 or 3 listed in the table No. 1 or No. 3, and borrowed funds from the Plaintiff. After which, as indicated in the table No. 4 or 26, Defendant C borrowed funds from the Plaintiff by delivering the door-to-door promissory notes issued by Defendant C. The three promissory notes issued by Defendant C were recovered by Defendant C, and the remainder of Defendant C’s original notes issued by Defendant C are owned by the Plaintiff.
B) On April 20, 2006, Defendant C decided to pay to the Plaintiff the amounting to KRW 950,000,000 at par value to the Plaintiff until July 22, 2006 with respect to the bills issued by the Plaintiff and not recovered by the Plaintiff. As a security, Defendant C, as the president, and the Plaintiff, as the representative director, was the F Co., Ltd. F (hereinafter “F”).
(2) On April 20, 2006, the court below decided that Defendant C’s above loan obligations against the Plaintiff will be accepted concurrently, and on April 20, 2006, the notary public issued a promissory note No. 950,000 won at par value, No. 61, 2006, and the due date on July 22, 2006 (Evidence No. 4-1, hereinafter “instant authentic deed”).
(2) On December 22, 2004, Defendant C issued a promissory note with a face value of KRW 200,000,000 at face value of KRW 20,000 (hereinafter “instant promissory note”) to the Plaintiff on July 22, 2006 with respect to the said amount as well as the receipt (Evidence A No. 4-2) and the receipt (Evidence A-3) and the loan certificate (Evidence A-16) stating that the said amount would have been due and payable on July 22, 2006. The original of the said promissory note was currently owned by the Plaintiff.
3) On May 23, 2007, the Plaintiff borrowed a loan amounting to KRW 29,820,000 as litigation costs to Defendant C on July 22, 2007 (hereinafter “instant loan claim”).