1. The defendant shall pay 50,000,000 won to the plaintiff and 12% per annum from April 11, 2020 to the day of full payment.

Basic Facts

The Plaintiff supplied construction materials to C.

D Co., Ltd. issued an electronic bill (hereinafter referred to as “instant bill”) on October 10, 2019, with a face value of KRW 50 million and maturity of February 14, 2020.

On October 10, 2019, the Defendant accepted the Promissory Notes from D Co., Ltd. and endorsed and transferred the Promissory Notes to C.

C The instant bill was endorsed and transferred to the Plaintiff on the same day for the payment of the supply price.

On February 14, 2020, the Plaintiff, as the holder of the Promissory Notes, proposed to pay the Promissory Notes. However, the Promissory Notes were refused on the ground of non-transaction.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings, the court below's finding that the bill of this case was refused to pay at maturity. Thus, the defendant, who is the endorser of the bill of this case, shall pay to the plaintiff, who is the holder of the bill of this case, delay damages calculated at the rate of 12% per annum from April 11, 2020 to the day of full payment, which is the day following the delivery of the original copy of the payment order sought by the plaintiff.

The defendant's assertion argues that since the bill of this case was endorsed and transferred to C for the payment of the subcontract price, the parties, including C, and other transaction companies, completed consultation on the reduction of part of the debt and repayment of the debt, the debt arising from the bill of this case should be paid according to consultation with C, and that there is no reason to perform the debt as the endorser of the bill of this case separately.

Persons in receipt of a claim under a bill cannot set up defense against the holder, unless the holder has knowingly acquired the bill to the effect that he/she would prejudice the debtor, in respect of his/her personal relations with the previous holder.

Issuance of electronic bills.