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The judgment of the first instance court is modified as follows. A.
The defendant shall pay to the plaintiff KRW 184,819,520 and KRW 168,00,000 among them.
Reasons
1. Facts of recognition;
A. The Defendant is a person who is engaged in the manufacturing business under the trade name, and D is a person who engages in the material sales business under the trade name, and the Plaintiff is a person who has been engaged in the business relationship with the Defendant and D.
B. From January 2010 to February 2010, the Defendant endorsed each of the bills as indicated in the following Table 1 to the Plaintiff:
(1) The sum of face value of each of the bills listed in the table 1 shall be 83,00,000,000 209-12-29-29 201- 2012-12012-123, 45,000, the sum of face value of each of the bills listed in the table 1 shall be 45,000,000 - 20,000 - 20,000 - 20,000 - 2010-12 2010-1206-12 3,000 - 200 - 02-0202-05 202-05 - 206-124, 2010-6, the sum of face value of 444,60,000-20-124,07
C. The Plaintiff transferred money to the Defendant, etc. using the account in the name of the Plaintiff or I at the time when the bill Nos. 1 through 4 was delivered.
In the case of Nos. 5, 6, and 7 of Table 2, D at the request of the Plaintiff, discounted the bill Nos. 4 at the bank, and remitted the bill Nos. 39,156,297 to the Plaintiff at the request of the Plaintiff. Accordingly, the Plaintiff remitted the bill No. 3,00,000,000 to G operating “F,” and KRW 20,106,080 to G operating “F,” and KRW 16,819,520 to the Defendant.
Serial Transfer Date (won) Other party 1 2010-01-15 50,000, Defendant 2 2010-018,000, 500, 32010-18,000-18, 2010-18,000 4 2010-01-30,000 5 2010-02-05 3,000,000 3,000, 200-00-02-00 6 202-02-02-08 20,06,080 G 720-0,020-020-16,820-16, 020-20, 2020-20-10, 200-2010-10, 2010-20-10, 2010
D. However, the issuer of the Promissory Notes Nos. 1 through 4 becomes bankrupt, and the said Promissory Notes No. 500, the Defendant, May 11, 2010, issued to the Plaintiff the title “The details of the outstanding payment of the Promissory Notes related to the Young Pung file, the president of the A.”