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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Basic facts
A. The net E has endorsed and delivered to the Defendant six copies of promissory notes with face value issued by F (28970,000 won on May 6, 2006, 2006, 2870,000 won on June 10, 2006, 300,000 won on June 30, 2006, 2799,000 won on July 15, 2006, 50,000 won on July 15, 2006, 208,8470,000 won on August 19, 2006, 6, 60,000 won on September 2, 2006).
B. The Defendant’s payment of six copies of each of the above promissory notes was proposed on the date of payment, but the payment was refused.
C. E paid to the Defendant a total of KRW 104,817,00 in cash from June 7, 2006 to January 23, 2008, and KRW 35,289,045 in the amount of goods from May 31, 2006 to May 31, 2009, and KRW 28,653,00 in the amount of the bill from June 7, 2006 to August 26, 2007.
On October 23, 2009, E died on October 23, 2009, and the Plaintiff and its children, who are the husband of E, succeeded to E.
[Ground of recognition] Facts without dispute, Gap 1 through 3, 5, 11 through 13, Eul 1, 2, 4 and 5, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff E was discounted by the Defendant on the sum of KRW 14,267,00,000 for the face value of five bills of commitment.
6) The above Promissory Notes shall be paid (1) the balance of the Promissory Notes E on June 7, 2006 to the Defendant on which June 7, 2006, KRW 5,017,600, (1) the Promissory Notes amounting to KRW 23,952,400 [The Promissory Notes amounting to KRW 25.7 million - interest 1,747,60 won [2,570,000 won x the discount rate x 0.02 x 02 days (6.30 days from June 7, 2006 to the replacement date of the Promissory Notes)], and shall be replaced by the Promissory Notes.
Therefore, with respect to the above Promissory Notes, there is no record that the Defendant paid a discount separately to E, and the Defendant’s assertion that the said Promissory Notes are the discount amount of KRW 27.1 million on May 8, 2006 is merely a discount on the other Promissory Notes which the Defendant discounted.
In conclusion, E should have paid only the sum of the face value of the Promissory Notes 2 through 60,000 won to the Defendant, but each of the above Promissory Notes 169,902.