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1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 20% per annum from November 7, 2013 to the day of full payment.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings as to the Plaintiff’s cause of the Plaintiff’s claim, the Defendant issued a promissory note in blank (the instant promissory note in blank) with the amount of KRW 100 million on May 25, 2010, the date of payment, August 30, 201, and with the payee, the date of payment, the place of payment, and the place of payment (the following). C died on July 13, 201, and the Plaintiff, the wife, inherited the instant promissory note, and the Plaintiff, the wife, on May 22, 2014, supplement the blank portion of the instant promissory note, such as supplementing the addressee’s column as the Plaintiff.
According to the above facts, the Defendant, the issuer of the Promissory Notes, is obligated to pay the Plaintiff, the lawful holder of the Promissory Notes, the amount of KRW 100 million and the amount calculated at the rate of 20% per annum from November 7, 2013 to the date of full payment, as the Plaintiff seeks.
2. Judgment on the defendant's assertion
A. The Defendant asserts that the period of extinctive prescription of the right to fill up in blank lapses three years from the time when the right to fill in blank can be exercised. Although the payment date of the instant promissory note was indicated as August 30, 201, there was an agreement between C and the Defendant to make the payment date of the instant promissory note as August 30, 2010, the payment date of the instant promissory note was August 30, 2010, and thus, the instant promissory note was deemed as August 30, 2010. The date of filling the instant promissory note was as of May 22, 2014, and the right to fill in blank expired.
In addition, there is no evidence to prove that there was an intention to make the due date of the Promissory Notes as of August 30, 2010 between K and K, and there is no evidence that the due date of the Promissory Notes as of August 30, 2010. The due date of the Promissory Notes should be interpreted as stated in the
(b)a set-off.