어음금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The court's explanation on this part of the facts of recognition is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.
2. According to the determination on the cause of the claim, barring any special circumstance, the Defendant is obligated to pay the Plaintiff, who is the final holder of the Promissory Notes the sum total of KRW 80,000,000 and the damages for delay calculated at the rate of 6% per annum prescribed by the Bills of Exchange and Promissory Notes Act from September 7, 2017 to April 23, 2018, the delivery date of a copy of the Bill of Exchange and Promissory Notes, which is the delivery date of a copy of the Bill of Exchange and Promissory Notes, and the damages for delay calculated at the rate of 15% per annum prescribed by the Act on Special Cases concerning the Promotion,
3. The defendant's assertion and judgment as to it
A. The Defendant’s assertion No. 1 and its determination on the instant bill were delivered to the Plaintiff without any cause from C (hereinafter “C”), which is the former holder of the instant bill, and therefore, the Plaintiff alleged that there is no economic interest in seeking the payment of the instant bill. Therefore, it is difficult to believe that the Plaintiff’s statement of No. 5, which seems to correspond thereto, is in light of the witness G’s testimony at the trial. The evidence submitted by the Defendant alone is insufficient to recognize that the Plaintiff received the instant bill without any cause, and there is no other evidence to prove otherwise.
Rather, comprehensively taking account of the respective descriptions of evidence Nos. 2 and 12 as well as the overall purport of the pleadings, the Plaintiff appears to have received the instant bill as part of the construction cost of the installation contract as the fact that the Plaintiff entered into with FF Co., Ltd. (hereinafter “F”) on January 16, 2017.
Therefore, the defendant's above assertion is without merit.
B. The defendant's second assertion and its determination are bills issued and delivered without cause between the defendant and C for the purpose of financing, and the plaintiff is well aware of such circumstances.