1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 20, 1993, the defendant runs the business of supplying automobile-related articles and vehicle parts by opening the trade name "B" and running the business of supplying automobile-related articles and vehicle parts.

On July 20, 2004, closed the business.

B. The Plaintiff exported automobile-related goods and vehicle parts from the Defendant, and the method was in the form that the Plaintiff paid 30% advance payment as the price for the goods while awarding an order to the Defendant for the goods and pays the remainder of 70% upon completion of the supply of the goods.

C. As a result of the settlement of advance payment between the Plaintiff and the Defendant on February 5, 2004, the Plaintiff’s advance payment amounted to 448,603,121 won, and the Defendant’s advance payment amounted to 365,625,571 won, and the Defendant’s price for the goods supplied remains 82,977,550 won.

On February 5, 2004, the Plaintiff issued and received three copies of promissory notes as stated respectively from the Defendant as of March 10, 2004, the due date, April 30, 2004, and May 30, 2004, in order to guarantee the refund of the price for the above goods, and as of February 26, 2004, in order to guarantee the refund of the above goods and guarantee the delivery of the exported goods, the Plaintiff drafted a notarial deed as to three copies of the said promissory notes as of February 26, 2004.

E. On December 6, 2012, the Defendant was declared bankrupt and granted immunity under the Seoul Central District Court Decision 2012Hadan8394, 2012Ma8394, and the aforementioned immunity decision became final and conclusive on December 27, 2012.

However, the list of creditors submitted by the defendant at the time of application for immunity did not contain the above claims against the plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 7, 8, Eul evidence Nos. 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff’s assertion that the Defendant lent KRW 120 million to the Defendant at the face value of the Promissory Notes issued and issued by the Defendant, and the Defendant is obligated to pay KRW 120 million to the Plaintiff.

B. The defendant's claim against the defendant is five years with commercial claims borrowed by the defendant for business.