A. On July 2, 2015, the Defendant issued an electronic bill on July 2, 2015 (hereinafter “instant bill”) to the Sungjin Metal Co., Ltd. (hereinafter “ Sungjin Metal”), and issued the instant bill to the Plaintiff.

B. The Plaintiff presented a payment proposal at the place of payment on October 5, 2015, which was within two business days from the maturity date, but was denied on the ground of the acceptance of the accident report (defluence, failure to perform the contract), and the Plaintiff filed the instant lawsuit as the final holder of the instant bill.

[Ground of recognition] Unsatisfy, entry of Gap evidence 3, purport of whole pleadings

2. Determination

A. According to the above facts, since the bill of this case was lawfully presented for payment but its payment was refused, the defendant, the drawer, is obligated to pay the plaintiff, who is the last holder, delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, which is the day following the delivery date of the original copy of the payment order in this case, as the plaintiff, from November 6, 2015 to the day of complete payment.

B. As to the defendant's assertion and judgment, the defendant alleged that although the defendant agreed to use the Promissory Notes only for the purpose of purchasing construction materials for the construction work in progress at the time, it cannot comply with the claim for the amount of the Promissory Notes since it delivered the Promissory Notes to the plaintiff for the payment of the existing debts to the plaintiff in violation of such agreement, the above assertion is insufficient to recognize that the plaintiff's assertion itself is not able to oppose the plaintiff's claim for the amount of the Promissory Notes, or there is no personal ground for defense, and the evidence submitted by the defendant alone is insufficient to recognize that the plaintiff acquired the Promissory Notes with the knowledge that it would prejudice the defendant