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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. There is a set of units that constitute a new bank (hereinafter “instant units of units”) at par value of 300,000,000 won, issuer C Co., Ltd., issuer C Co., Ltd., issuer D, issuer-type and new bank, payment branch Co., Ltd., and an endorsement by Defendant (Representative E) is made on the said units of units of shares.
B. In addition, there are promissory notes with face value of KRW 100,000, issuer G Co., Ltd., issue date on August 28, 2010, H, and New Bank of Korea Co., Ltd. (hereinafter “instant promissory notes”) and the aforesaid promissory notes are endorsed by Defendant (Representative E) and F Co., Ltd., respectively.
C. Meanwhile, D died on April 3, 2014 (hereinafter “the deceased”), and the Defendant’s representative member resigned on May 14, 2014, and I (the deceased’s children) appointed as the representative member on the same day.
[Ground of recognition] Unsatisfy, Gap evidence 1, 4, Eul evidence 2 (including branch numbers), the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion: (a) from September 14, 2009 to December 29, 201, the Plaintiff lent at least 442,500,000 won to the Deceased; (b) the Plaintiff and the Deceased settled the above loans at KRW 400,000 on March 20, 2014; (c) during that process, the Deceased delivered the instant check of shares and promissory notes as collateral for the above settlement amount; (d) around that time, the Deceased agreed to repay the Plaintiff’s debt (which is the cause of debt) by means of endorsement on the instant check of shares and promissory notes under the name of the Defendant, a person who actually was one of his own company; and (b) the Defendant is obligated to pay the Plaintiff the above KRW 400,00,000,000 and delay damages.
3. The judgment of this Court
A. If a promissory note is endorsed by the relevant legal principles, it may be problematic whether the endorser bears only the obligation under the Bills of Exchange and Promissory Notes or bears any civil obligation to the creditor.