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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is KRW 96,00,000,000 against the Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff requested the Defendant to borrow money, around August 1989, while operating spoke points at the 1st floor E market located in Busan Dong-gu, Busan (hereinafter “instant store”). On August 3, 1989, the Defendant changed the name of permission for use of the instant store as security for lending money, and on August 3, 1989, the name of permission for use of the instant store was transferred to the Defendant.
B. As above, the Defendant transferred the name of permission for the use of the instant store from the Plaintiff and lent money to the Plaintiff from around that time. The specific method of lending money to the Plaintiff was given by the Plaintiff (a discount) and the Plaintiff is the issuer of a promissory note, without any separate endorsement. In the event that the Plaintiff is not the issuer of a promissory note, the Plaintiff was given a endorsement under the Plaintiff’s name, and was paid the borrowed money with the approval of the promissory note, which received the payment from the Plaintiff,
C. From around 1992 to around 1993, the Defendant delivered (a discount) a promissory note of KRW 85,500,000 in total face value as indicated below (hereinafter “instant promissory note”) from the Defendant, and lent the amount equivalent to the above face value to the Plaintiff. Around October 1993, the payment was refused due to the nonperformance of the instant promissory note.
Note 1 F 1 F 10,00,000 Won [3 H 10,000,000 won] 2 G 8,000,000 won per F 1 F 10,000 in the place of payment for the face value of the Promissory Notes (“5 J 26,000,000” [6 K 9,000,000 won [8 M 9,000,000] (“8 M 9,000,000 won” in the “10,000 won”
D. Around December 23, 1993, the Defendant prepared the following contract and signed and sealed the seal of the Defendant in the creditor column and requested the Plaintiff to sign and seal it.
1. The loan money borrowed in the contract shall be KRW 85,500,000,000,000.