약속어음금
1. The Defendants jointly form KRW 280,000,000, and Defendant B with respect thereto, and Defendant C Co., Ltd. from November 17, 2017.
1. Comprehensively taking account of the purport of the entire pleadings in Gap evidence No. 1 as to the cause of the claim, the defendants prepared and delivered to the plaintiff on July 8, 2013 a promissory note with a face value of 280,000,000 won, sight payment, place of payment, place of payment, place of payment, and place of payment, respectively (hereinafter “instant promissory note”), and the facts that the plaintiff currently holds the said promissory note can be acknowledged.
According to the above facts, the Defendants, the issuer of the Promissory Notes, are jointly obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 17, 2017 to the date following the date on which the duplicate of the application for the payment order of this case was delivered to the above Defendant, which contains the provision that the payment of the Promissory Notes of this case would be presented jointly with the above amount, and from November 17, 2017 to the date on which the duplicate of the application for the payment order of this case was delivered to the above Defendant, and from August 31, 2017 to the date of full payment.
2. Determination as to the defendants' defense
A. The Defendants asserted that this case’s promissory note was issued without any cause between the Plaintiff and the Defendants. Thus, the Defendants are not liable to the Plaintiff. 2) The act of a promissory note is an unmanned act and must be dealt with separately from the cause of the acceptance of a promissory note, and it is a security representing rights under a certain bill regardless of the cause of the acceptance of a promissory note. Thus, the holders of a promissory note can exercise their rights under the promissory note solely on the fact that it is the holder, and it is not necessary to prove that they have any real interest.
Therefore, if the receiver of a promissory note claims a bill against the issuer, the circumstance that there is no relationship between the issue of the promissory note and its caused obligation are extinguished.