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1. The Defendant’s KRW 29,720,450 as well as 5% per annum from January 1, 2012 to May 3, 2017 to the Plaintiff.
Reasons
1. Following the occurrence of liability for damages can be recognized by the purport of each description of evidence Nos. 1, 2, and 3 and the whole purport of pleading Nos. 1, 2, and 1, 2 are insufficient to reverse the above recognition, and no other counter-proof exists.
On November 3, 2010, the Plaintiff: (a) delivered to the Defendant, B, and C (hereinafter “Defendant, etc.”) four copies of the Promissory Notes as indicated in the separate sheet (hereinafter “instant Promissory Notes”); (b) entered into a contract with the Defendant, etc., under which “the Defendant, etc., on behalf of the Plaintiff, etc., receives at the discount of each one of the Promissory Notes, the face value of which is 2 billion won and 700 million won, and pays the Plaintiff the discount of the relevant Promissory Notes; (c) the remainder of the Promissory Notes shall be kept for checks; and (d) on November 4, 2010, the Plaintiff shall immediately refund the Promissory Notes (hereinafter “instant contract”).
Since November 4, 2010, the Defendant et al. did not proceed with the discount of the bill under the above contract and did not return the bill to the Plaintiff. The Plaintiff filed an application for a public summons on the said bill (Seoul Eastern District Court 201Kadan26) and made a public summons on January 20, 201. On February 7, 2011, D reported the right to the bill number E (hereinafter “E Bill”) among the above public summons procedures, and withheld the right reported by D on April 27, 201 and declared the invalidity of the bill of this case.
According to the above facts, the defendant did not return the bill of this case to the plaintiff without the party to the contract in violation of its contractual obligations, and instead, the third party acquired part of the bill of this case and exercised its rights to the bill of this case. Thus, the defendant is liable to compensate the plaintiff for the damages caused thereby.
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