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1. The plaintiff's primary claim against the defendant B and the defendant's conjunctive claim are all dismissed.
2...
Reasons
1. Summary of the plaintiff's assertion
A. On July 27, 2011, Defendant B borrowed KRW 100 million from D, and issued and delivered a promissory note with a face value of KRW 100 million to D for the repayment of the said loan. The Plaintiff endorsed on the said promissory note, and Defendant B did not pay the said promissory note, and the Plaintiff subrogated to D’s obligations. As such, Defendant B is liable to pay KRW 100 million as the amount of indemnity to the Plaintiff.
B. Preliminary assertion, even if D lent KRW 100 million to Defendant C, not Defendant B, as the above money was loaned as funds for the operation of “E,” Defendant B is jointly liable to pay the Plaintiff KRW 100 million as the name trustor pursuant to Article 24 of the Commercial Act, and Defendant C is jointly and severally liable to pay the Plaintiff KRW 100 million as the principal obligor.
2. Determination
A. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 3 as to the primary argument, defendant C issued a promissory note with each of the Seoul Special Metropolitan City (hereinafter "the Promissory note in this case"), which is the payee D, par value 100 million won, issue date, July 27, 201, payment date, May 11, 2012, and issue date. At the time of the preparation of the Promissory Notes in this case, the defendant C had the seal impression and the seal impression on the name of the defendant B. At the time of the preparation of the Promissory Notes in this case, the defendant B signed and sealed the seal impression on the name of the defendant B. At the time of the preparation of the Promissory Notes in this case, it is recognized that the plaintiff made an endorsement on the Promissory Notes in this case.
However, in light of the facts acknowledged earlier and the purport of the entire pleadings, there is no evidence to prove that Defendant B’s seal impression and certificate were issued based on Defendant B’s intent. At the time of the preparation of the Promissory Notes, Defendant C’s power of attorney, etc.