어음금
1. The Defendant: (a) KRW 70,880,000 for the Plaintiff and its related KRW 6% per annum from June 17, 2015 to August 18, 2015; and (b) August 19, 2015.
1. Determination as to the cause of claim
A. 1) The fact of recognition is a non-party Hyundai Port Co., Ltd. (hereinafter referred to as the “Momerpo”).
On February 27, 2015, the Defendant supplied the goods equivalent to KRW 74,60,000 (excluding value-added tax 7,460,000) to the Defendant. On March 16, 2015, the Defendant issued an electronic bill number 088201503160,0000, face value,82,060,000, and due date for maturity on May 15, 2015 (hereinafter referred to as “first bill”).
) The Plaintiff issued to Hyundai Qol (which shall be deemed to have been issued for the payment of the price of the goods, inasmuch as there is no evidence to acknowledge the special agreement between the parties) and Hyundai Qol, endorsedly endorsed the first bill, and the Plaintiff presented the payment to the Payment Bank upon assignment of the amount equivalent to KRW 42,060,000. However, there is no dispute that the amount of the bill was paid to the last holder upon receipt of the Defendant’s report on the accident.
(2) On March 25, 2015, Hyundai Qol supplied the Defendant with the goods equivalent to KRW 9,100,000 (Separate 910,000 won of value-added tax) and KRW 17,100,000 of value-added tax (Separate 1,710,000 of value-added tax) on March 31, 2015. The Defendant, on April 15, 2015, issued an electronic bill number 0820820150415000, KRW 28,820,000 of value-added tax, and due date on June 15, 2015, issued an electronic bill to Hyundai Qol and transferred the bill to the Plaintiff, but the Plaintiff did not receive the bill from the Plaintiff, but did not receive the bill from the Defendant’s second bill.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, Eul 1, 6, and 7, respectively, and the purport of the whole pleadings
B. According to the above facts of determination, barring any special circumstance, the Defendant’s total sum of KRW 70,880,000 of the bills of exchange Nos. 1 and 2, and the Plaintiff’s claim after maturity from June 17, 2015 to August 18, 2015, the delivery date of the bill of exchange, as stipulated by the Bills of Exchange and Promissory Notes Act, and from the following day to September 30, 2015.