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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The Plaintiff is a holder of a promissory note stated as Busan Dong-gu C (hereinafter “instant promissory note”) at the face value of KRW 950 million, the payee, the issuer, the Defendant, the date of issuance, March 18, 2013, May 30, 2013, and the date of payment, May 30, 2013, respectively, of the place of payment, the place of payment, and the place of issuance.
[Reasons for Recognition] A’s evidence 1-1
2. The parties' assertion
A. The Plaintiff’s assertion 1) The Defendant issued the Promissory Notes and delivered them to the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the amount of KRW 950 million to the Plaintiff. (2) In accordance with the agreement with D, the Plaintiff: (a) The Plaintiff was obligated to compensate for damages arising from tort; (b) the Plaintiff, in accordance with the agreement with G, Gangseo-gu, Busan; (c) the obligor Company H and the maximum debt amount of KRW 975 million, was loaned KRW 750 million from the Gyeongnam Savings Bank; and (d) the obligor Company H and the representative director was given a loan of KRW 650 million from the Gyeongnam Savings Bank; and (e) the establishment of a mortgage was completed on KRW 650 million,000,000,000,000,000 for the above real estate. D bears a large amount of debt at the time and did not have any intent or ability to cancel the collateral; and (b) the Defendant deceptioned the Plaintiff’s debt under the name of the Plaintiff as collateral.
In addition, the Plaintiff demanded to issue a promissory note in the name of the Defendant, the representative director of HH, as it is difficult for the Plaintiff to believe D, the Defendant issued the Promissory Notes, etc. at D’s request.