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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
FM design, Inc. (hereinafter “MM design”), on January 7, 2014, issued one promissory note, the par value of which is KRW 30,000,000,000, and the due date of which is May 9, 2014. The said promissory note became the final holder of the Plaintiff on January 9, 2014 through endorsement C and D.
MM design was issued on February 19, 2014 at a face value of KRW 30,00,000 at a face value, and on June 13, 2014 at the due date. The said Promissory Notes became the final holder of February 28, 2014 through endorsement by C, E, and F.
MM design was issued on March 13, 2014 at the par value of KRW 40,00,000, and on July 16, 2014 at the due date. The said Promissory Notes became the final holder of March 13, 2014, following endorsement C and F. The Plaintiff became the final holder of the said Promissory Notes.
(2) Each of the Promissory Notes (hereinafter referred to as “each of the Promissory Notes in the instant case”). The MM design was the first default of payment on or around March 30, 2014, and the last default of payment was settled on or around April 28, 2014, and each of the Promissory Notes in the instant case was also treated as a default of payment on or before the due date.
C On May 7, 2014, a promissory note No. 100 million won was prepared and issued to the Plaintiff.
C On the same day, the Plaintiff prepared and sent each of the following descriptions (hereinafter referred to as “instant notes”).
MM design 30,000,000 won 5/9,30,000 won 6/13,40,000,000 won at a discount of 7/16,000 won for the management of the company, however, there was a default on the payment as of April 28, 2014, and the default on the payment of the outstanding bill was partially repaid on May 9, 2014, and at least 50% shall be repaid if the MM design company returns the outstanding bill to its original condition, and at least 50% shall be repaid if the outstanding bill enters into the outstanding bill by October 2015.
C On March 21, 2014, the Defendant sold real estate in attached Form (hereinafter “instant real estate”) to the Defendant for KRW 195,00,000 (hereinafter “instant sales contract”), and the same year.
4. 8. The instant real estate.