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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 15, 2014, the Plaintiff issued one promissory note with a face value of KRW 30,000,000 at face value, and on July 31, 2014, the date of payment, the place of payment, and the place of issuance, and one promissory note with a maturity point of the Korean Bank Co., Ltd. (hereinafter “instant promissory note”).
B. B is the husband of the Plaintiff’s representative director C. At the time of the issuance of the Promissory Notes, B delivered the said Promissory Notes to the Defendant without endorsement, and on July 31, 2014, the National Bank Co., Ltd. paid KRW 30 million at the face value of the said Promissory Notes to the New Co., Ltd., which became the final holder of the instant Promissory Notes through endorsement by the Defendant and Japan.
【Reasons for Recognition】 The descriptions of Evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The gist of the parties' assertion 1) The plaintiff issued and delivered the Promissory Notes in this case to request that the defendant issue the Promissory Notes in the form of 30 million won at par value so that the defendant can provide the plaintiff with a loan as collateral through B, and the new holders of the Promissory Notes made a proposal to pay the Promissory Notes. Since the plaintiff made a deposit of KRW 30 million to the National Bank, a payment bank, which is the payment bank, to avoid default, the defendant is obligated to pay damages to the plaintiff. 2) The defendant asserts that the defendant is obligated to pay damages to the plaintiff. 2) The defendant is authorized to execute the Chang Ho Construction in the Gwangjuyang-si Model D Rental Housing Model D Co., Ltd., which was ordered by D Co., Ltd., and execute the Construction of the Rental Housing Co., Ltd. with priority over the Construction of the said Rental Housing Co., Ltd., and received the Promissory Notes in return for the participation in the said Rental Housing Co., Ltd. by transferring the above preferential construction rights to B.
B. The Plaintiff is a promissory note against the Defendant.