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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
The defendant.
Reasons
The Plaintiff, on March 23, 2012, borrowed KRW 250 million from D to the Plaintiff on March 23, 2012, and repaid it by May 23, 2012. If the Plaintiff is unable to repay it, he/she received a cash loan with the purport that “D will not raise an objection even if the Plaintiff sells G stores operated by D,” and thereafter, he/she lent KRW 10 million to D on March 23, 2012 and KRW 247 million in total, including KRW 30 million, on April 3, 2012.
D repaid part of the borrowed money by remitting the amount of KRW 15 million on May 26, 2012, KRW 13 million on June 1, 2012, and KRW 10 million on June 2, 2012 to a deposit account in the Plaintiff’s name.
D on June 6, 2012, issued to the Plaintiff a cash loan certificate stating that “D borrowed KRW 225 million on March 23, 2012, and would repay it by July 30, 2012. If it is impossible to repay it, D would not raise an objection even if the Plaintiff sold the G store operated by D.”
D A around August 10, 2012, around August 10, 2012, a promissory note issued by the Defendant with a face value of KRW 40 million and two promissory notes issued by the Defendant with a face value of KRW 10 million (hereinafter “instant promissory note”) were received from the Defendant and delivered to C, the Plaintiff’s agent, the Plaintiff’s agent.
C At the same date, the Promissory Notes at the discount of F with a face value of KRW 40 million, and then transferred to H 2,710,000,000 after deducting the existing obligations of DF.
C and F, “The Defendant would make cash at the discount of the promissory note issued by the Defendant, thereby holding the promissory note with the Defendant’s office,” and went to the Defendant’s office on August 29, 2012, along with D.
The defendant makes false statements that C and F will discount the Promissory Notes, which is the cause of the instant Promissory Notes and the face value of 40 million won, even though the defendant did not intend to discount the Promissory Notes on its job.