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1. The defendant shall pay 70 million won to the plaintiff and 12% per annum from July 25, 2019 to the day of complete payment.
Reasons
1. Basic facts
A. Upon C’s request on February 26, 2019, the Plaintiff issued the Defendant’s financing bills with the issuance date on February 26, 2019; Daegu Metropolitan City of the publishing site; D Bank’s intermediate branch; face value of KRW 70,000,000; and bill number E.
B. On June 30, 2019, the Defendant agreed to assume the liability for the face value of the said financing bill, and used the said financing bill as the first endorsement.
C. Since then, F Co., Ltd., the final holder, presented the said financing bill to D Bank. On July 15, 2019, the Plaintiff settled KRW 70 million at the face value of the said financing bill.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the above KRW 70 million and the damages for delay calculated at the rate of 12% per annum from July 25, 2019 to the day of full payment, which is the day following the delivery of the instant complaint, to the day of full payment.
3. The defendant's defense is a defense that C et al. paid the amount equivalent to the above KRW 70 million to the plaintiff around June 28, 2019. However, there is no evidence to acknowledge this. Thus, the defendant's defense is without merit.
4. According to the conclusion, the plaintiff's claim is reasonable, and it is so decided as per Disposition.