Text
1. The Defendant’s KRW 100,000,000 as well as 5% per annum from October 16, 2013 to April 20, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. C: (a) On September 30, 2013, which was issued by the Defendant, delivered to the Plaintiff a promissory note causing KRW 100 million at face value; and (b) the Plaintiff presented the said promissory note to the Payment Bank on September 30, 2013.
B. On the same day, the Defendant borrowed KRW 100 million from the Monosan Agricultural Cooperative to the current account and took measures so that the said amount may be paid.
C. On the same day, C and the Defendant requested that the Plaintiff return KRW 100 million paid to the Plaintiff on the same day, and that the Defendant return the said KRW 100 million to the Defendant.
The Plaintiff, while it is unable to return money in trust, requested C to issue a promissory note of KRW 100 million at par value and to make an endorsement to the Defendant. In response, C issued on the same day and endorsed by the Defendant, and written a notarial deed with a promissory note of KRW 100 million at face value, KRW 100 million at face value, and KRW 100 million at the place of payment, and KRW 15,000 at the place of payment, and KRW 40,000 at the place of payment (hereinafter “instant Promissory note”).
The plaintiff paid KRW 100 million to the defendant.
【Ground of recognition】 The facts without dispute, Gap evidence 1-1-3, Gap evidence 2-1, Eul evidence 1, witness C, and the purport of the whole pleadings
2. The assertion and judgment
A. On September 30, 2013, the Plaintiff alleged that the Plaintiff lent gold KRW 100 million to the Defendant. Thus, the Plaintiff’s assertion is without merit, on the grounds that the above recognized facts and the evidence submitted by the Plaintiff are insufficient to recognize it. There is no other evidence.
B. Preliminaryly, the Plaintiff asserts that on September 30, 2013, the Plaintiff lent gold KRW 100 million to C, and the Defendant guaranteed this.
In principle, a person who makes an endorsement on a promissory note issued, endorsed, or transferred by another person shall be liable only for the obligations under the Bills of Exchange and Promissory Notes Act due to the act of endorsement, but it shall be deemed that he/she made an endorsement to the effect that he/she guarantees even the civil obligations that constitute the cause of the issuance, endorsement, or transfer of