beta
Text
The part against the defendant exceeding the amount ordered to be paid under the judgment of the first instance shall be revoked.
Reasons
1. The grounds for the court’s explanation on this part of the arguments by the parties are as stated in the part “(a)” of Articles 6 through 12 of the judgment of the court of first instance from 3rd to 4th 12 of the judgment. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.
2. Determination
A. The court's explanation of this part of the judgment on the cause of the claim is the same as the statement from 4th to 9th 1st 1 of the judgment of the court of first instance, which is the same as the statement from 4th 14 to 9th 1 of the judgment of the court of first instance, and thus, it
B. 1) The Defendant: F’s representative E is the Promissory Notes (hereinafter “instant Promissory Notes”) consisting of KRW 99,89,910 at the face value of G issuance to the Plaintiff.
As the bill is endorsed and delivered, the Defendant asserts that the payment of the price for the goods was made to the Plaintiff. However, since the bill is presumed to have been given for the payment of the price for the goods, it is difficult for E to deem that the payment of the price for the clothes specified in the instant order even if the bill was endorsed and delivered to the Plaintiff. The Defendant’s assertion is without merit. [On the other hand, there is dispute as to whether the bill is given in relation to the payment for the goods, but the face value of the bill of this case is accurately consistent with the original price and the amount specified in the tax invoice according to the instant order, and the time and circumstances of the delivery of the bill, etc., it is reasonable to deem that the bill of this case is given for the payment for the original price under the instant order.
[2] In other words, the Defendant participated in G’s rehabilitation proceeding (Seoul Rehabilitation Court 2019 Gohap10023) on the basis of the Promissory Notes, and the Plaintiff was paid or is expected to receive shares and cash payment in accordance with the rehabilitation plan, and thus falls under that part.