약속어음금
1. The Defendant’s KRW 50 million with respect to the Plaintiff and the Plaintiff’s annual rate of 6% from October 3, 2015 to December 11, 2015 and the following.
Comprehensively taking account of the purport of the argument in Gap evidence No. 1, the defendant issued an electronic bill with the amount of KRW 50 million on May 28, 2015, and due date of October 3, 2015, and with the payment bank/branch point/ Newcomcomponon. The plaintiff presented the electronic bill to the payment bank on October 5, 2015, as a holder holding the said electronic bill lawfully endorsed, but refused to pay it. Thus, the defendant is obligated to pay to the plaintiff the amount of KRW 50 million and delay damages from October 3, 2015.
The defendant alleged that the above electronic bill was issued for A's own financial intent upon A's request, but such circumstance cannot be asserted against the plaintiff by legitimate holder of the above electronic bill. Thus, this cannot be an obstacle to the plaintiff's claim for the amount of the bill of this case.
Therefore, the defendant is obligated to pay to the plaintiff 50 million won and to pay 6% per annum as stipulated in the Bills of Exchange and Promissory Notes Act from October 3, 2015 to December 11, 2015, the service date of the original copy of the payment order in this case, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the plaintiff's claim is justified.