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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant issued to C (D Company) a promissory note number E, issue amount of KRW 50,00,000, and the due date on May 30, 2018, and the FF Bank’s contribution point (hereinafter “instant Promissory Notes”).
B. C endorsed and transferred the instant bill to G, and G endorsed and transferred the instant bill to the Plaintiff.
C. Although the Promissory Notes was presented at the place of payment on May 30, 2018, the payment was refused on the ground that the Defendant reported an accident (non-performance of contract).
[Ground of recognition] Facts without dispute, Gap evidence 1-1, Eul evidence 1-2, Eul evidence 1-1, Eul evidence 2-2 and the purport of the whole pleadings
2. The defendant's defenses before the merits is proved to the effect that the plaintiff's act of receiving endorsement and transfer of the bill of this case from G is for filing a lawsuit, and the plaintiff's lawsuit of this case constitutes a lawsuit trust.
However, the Plaintiff stated to the effect that, upon the Plaintiff’s refusal of payment of the Promissory Notes, it received endorsement and transfer from G in order to proceed with the legal procedure. However, the following circumstances, namely, the Plaintiff would be deemed to have paid KRW 85,500,000, including the discount of the Promissory Notes, at the request of C, after receiving the Promissory Notes around August 25, 2017. The Defendant asserted that the Promissory Notes were transferred by endorsement to the Plaintiff through G in order to cut off the Defendant’s personal defense in the process of acquiring the Promissory Notes, even if the Plaintiff, other than G, was the actual holder of the Promissory Notes.