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The defendant is jointly and severally with C and D to the plaintiff KRW 524,00,000 and each of the notes stated in the separate sheet.
Reasons
1. The Defendant is the drawer of each bill listed in the separate sheet (hereinafter “instant bill”), and the bill of this case is distributed to D as the first endorser, Co., Ltd. and the second endorser, and the Plaintiff is in possession of the bill.
The plaintiff presented the bill of this case at each payment date, but the payment was refused.
[Grounds for recognition] The entry of Gap evidence Nos. 1 through 47 and the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, the defendant, who is the issuer of the bill of this case, is obligated to pay to the plaintiff, who is the holder of the bill of this case, 524,000,000 won in total and the amount stated in the face value column of each bill of this case as stated in the separate sheet, to the plaintiff, who is the holder of the bill of this case, for delay calculated at the rate of 6% per annum under the Commercial Act until November 26, 2020, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date following the date of payment of the bill of this case, and as to the amount stated in the face value column of each of the separate sheet
(Plaintiff is seeking damages for delay of the bill of this case No. 3 from August 20, 2020, but it is recognized from August 21, 2020). (B)
The defendant's assertion 1) The defendant asserts that since the bill of this case was lent to D, the defendant is not liable to pay it to the defendant.2) However, since the bill is presumed to be a blank bill, in principle, where the issuer issued a promissory note by omitting some of the requirements for the bill, the bill is presumed to be a blank bill for which a supplementary right has been granted, the issuer is not issued as the payer or the holder of the bill with the burden of proving that it is invalid as an incomplete bill.