A. On February 4, 2016, the Defendant issued an electronic bill (a commitment note; hereinafter “instant electronic bill”) which is “10 million won and due date for the issuance of the bill at issue,” which is “a port business branch of the Daegu Bank of Korea” (hereinafter “instant electronic bill”) with the Defendant as the addressee.

B. On February 25, 2016, B endorsed and transferred to the Plaintiff electronic bills (e.g., bill number C, split number C, 05, hereinafter “instant split bill”) causing KRW 23 million in the amount of the said electronic bill in installments.

(Plaintiff paid KRW 21,568,700 to B on the same day).

On May 2, 2016, the Plaintiff presented a payment proposal of the instant divisional bill at the above payment place, but the payment was refused on the ground of the receipt of the accident report (e.g., theft and failure to perform the contract).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, the Defendant, who is the issuer of the instant electronic bill, is obligated to pay damages for delay calculated at the rate of 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, as claimed by the Plaintiff, from May 3, 2016 to June 7, 2016, which is the day following the date on which the Plaintiff presented a payment proposal for the bill from May 3, 2016 to the day on which a copy of the instant bill was served.

B. On February 4, 2016, the Defendant concluded a contract for supply of steel bars, etc. with B, and issued the instant electronic bill, and B did not supply steel bars in violation of the said contract.

Therefore, the defendant accepted the accident report on the bill on the ground of the acceptance of the contract and the breach of the contract.

However, the Plaintiff is bound to endorsement and transfer the instant divisional bill from B.