어음금
1. The Defendant’s KRW 17,81,376 to the Plaintiff’s KRW 6% per annum from June 23, 2016 to January 17, 2017.
1. The facts subsequent to the facts of recognition are either in dispute between the parties or in accordance with Gap evidence 1, Eul evidence 3-2, the whole purport of the pleadings.
On June 2014, the Defendant issued and delivered a blank promissory note with the Defendant’s name and seal affixed to the issuer column (hereinafter “instant blank note”) to secure the obligation arising from the transaction with the non-party company to the Korea Agricultural Group Corporation (hereinafter “Nonindicted Company”) instead of being in need of China, via C, the representative director of the Plaintiff, via the Plaintiff, who is the Plaintiff, in order to secure the obligation arising from transactions with the non-party company.
B. On May 31, 2016, Nonparty Company supplemented “89,317,096 won” in the blank bill column, “89,317,096 won” in the blank bill column, “5.20” in the date of issuance, “5.31, 2016.5.31,” “Seoul Metropolitan City” in the place of payment, and “Seoul Metropolitan City-do Pyeongtaek-si” in the place of payment column, respectively.
C. On June 8, 2016, Nonparty Company: (a) exempted the Plaintiff from preparing a certificate of non-payment of the instant blank bill filled up as above; (b) endorsed and transferred it to the Plaintiff; and (c) held by the Plaintiff.
2. Determination
A. According to the above facts, the defendant, as the issuer of the blank note of this case, is obligated to pay the amount of the bill and the damages for delay to the plaintiff, who is the last holder.
B. (1) The summary of the Defendant’s argument is that the blank bill of this case was issued in order to secure the Defendant’s obligation to pay back the estimated import price for the non-party company, and its debt amount is limited to KRW 15,30,000, and the Plaintiff, the final holder, was aware of such circumstances, and thus, the Plaintiff’s claim of this case in excess of the above amount is without merit.
As to this, the Plaintiff, from January 12, 2013 to January 12, 2013, in the name of D, E.
3. 2. The same year out of the remainder of the proceeds that remains while importing an order from the non-party company until February.
4. 12. US$ 46,200, D, which confirms that the payment obligation has been due, is non-party.