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1. The Defendant’s KRW 247,600,000 and the Plaintiff’s annual rate of KRW 6% from March 25, 2016 to April 8, 2016.
Reasons
1. Basic facts
A. On November 24, 2015, the Defendant issued an electronic commitment bill (hereinafter “instant bill”) with the face value of KRW 247,600,000 at face value, the payee A, and the maturity of March 24, 2016, which shall be the regular branch of Korea Bank (hereinafter “instant bill”).
B. The bill of this case was endorsed and transferred in sequence from A, the payee and the first endorsement, to the Plaintiff through the school industry corporation (hereinafter “school industry”), the vice industry of the company, the Dunb Institute, the Dunb Institute, the B, and the Hasung-ro pump.
C. The Plaintiff was denied payment on the ground that the payment was presented at the place of payment within the maturity of the Promissory Notes, but the acceptance was reported.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 8, and 10 and the purport of the whole pleadings
2. Determination:
A. According to the facts of the judgment on the cause of the claim, the Defendant, the drawer of the Promissory Notes, is obligated to pay the amount of KRW 247,600,000 to the Plaintiff, the holder of the Promissory Notes, and legal interest or delay damages therefrom, unless there are special circumstances.
B. The defendant's defense against the defendant was issued with the bill of this case for financing from the school industry through A, and the bill of this case was distributed despite the knowledge that the school industry was issued without the cause. The defendant filed a report of acceptance with the Bank on November 25, 2015. The plaintiff asserted that the plaintiff has no obligation to pay the above bill of this case to the plaintiff, since it is the year about the defect in the cause of the acquisition of the bill of this case or the declaration of intent by fraud.
A person who has issued a financing bill shall not be liable for the melting party, but may set up against the third party who has received the bill from the melting party a defense of the financing bill, which is issued without compensation, in good faith and bad faith.