1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Plaintiff, on June 17, 2009, requested a discount of a promissory note (hereinafter “instant promissory note”) from the Defendant on September 4, 2009, the issuer New T&C Industries, the face value of 48 million won, the payment date, and the date of September 4, 2009, remitted KRW 44 million to the Defendant’s deposit account as a discount of a bill, and the fact that the Plaintiff offered a presentment for payment of the instant promissory note on September 4, 2009, which was the payment date, but was refused due to non-transaction does not conflict between the parties, or that the payment was refused due to non-transaction is either written in the evidence Nos. 1 and 3 (including a serial number; hereinafter the same shall apply), and it can be recognized by displaying the entire purport of the pleadings as a whole.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the right based on the Promissory Notes of this case was extinguished due to the completion of the statute of limitations, etc. The Plaintiff sought monetary payment equivalent to the discount on the bill against the Defendant, the requester for the bill of exchange, based on the following points.

1) The discount of the Promissory Notes falls under the sale and purchase of bonds, and the Defendant, a bondholder of the instant Promissory Notes, bears the warranty against the defect arising from the refusal to pay the Promissory Notes. 2) Since the person who discounted the Promissory Notes is entitled to claim redemption of the Promissory Notes, the Defendant is liable to pay the discount of the Promissory Notes to the Plaintiff according to the Plaintiff’s exercise of the right

B. 1) Examining the Plaintiff’s assertion 1) as to whether a seller’s warranty liability is established, the issue of whether the nature of the discount of a bill between individuals, other than financial institutions, constitutes the sale of a loan for consumption or a bill is determined by the transaction’s actual condition and the intent of the parties concerned (see Supreme Court Decision 2001Da5598, Apr. 12, 2002). In the instant case, the Plaintiff received the Promissory Notes from the Defendant and discounted the payment of the entire pleadings in consideration of each of the evidence and witness C and D’s testimony.