약속어음금
1. The Defendant’s KRW 300,000,000 as well as the Plaintiff’s annual interest from July 15, 2014 to December 18, 2014, and the following.
1. Facts of recognition;
A. The Plaintiff is a company whose purpose is to wholesale and retail business of industrial products, such as sirens, studs, and light, and the Defendant is the representative director of the company B (hereinafter “B”).
B. On January 29, 2014, the Plaintiff supplied B with goods worth KRW 329,362,217,217, totaling KRW 329,362,217 on July 28, 2014, KRW 15,00 on July 28, 2014, KRW 209,03,205 on March 31, 2014, and KRW 329,362,217 on March 31, 2014.
C. B issued each promissory note of KRW 71,00,645 at par value on February 19, 2014, and KRW 15,107,150 at par value on March 20, 2014, and delivered to the Plaintiff, which exempted the preparation of a protest for non-payment in the name of the Defendant.
In addition, B issued each electronic bill of 100,000,000 won as of April 29, 2014; 109,03,205 won as of April 29, 2014; and 34,221,21,217 won as of June 2, 2014.
E. On April 29, 2014, the Defendant prepared a written confirmation confirming that all legal responsibilities for the total amount of KRW 300,000,000 (electronic bills) issued by B (hereinafter “instant written confirmation”) and issued it to the Plaintiff.
F. On June 23, 2014, the Plaintiff, as a holder of each of the said promissory notes, proposed payment of each of the said promissory notes at the place of payment, but refused payment.
[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings
2. Determination as to the cause of claim
A. (i) According to the above facts, the Defendant, as the endorser of the above Promissory Notes or the person preparing the instant confirmation document, is obligated to pay the amount of KRW 300,000,000 as above, and the delay damages therefrom, unless there are special circumstances.
The Plaintiff sought payment of KRW 329,362,217, which is the sum of the amount of promissory notes and electronic bills issued by B in excess of the above KRW 300,00,000,000, and damages for delay thereof. However, promissory notes endorsed by the Defendant are limited to KRW 86,107,795 (= KRW 71,00,645, KRW 15,107,150).