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1. The Defendant shall pay to the Plaintiff KRW 50 million and the interest rate of KRW 15% per annum from March 30, 2018 to the date of complete payment.
Reasons
1. Basic facts
A. On March 3, 2016, the Defendant issued and issued one electronic bill (bill No. D) of March 3, 2016 to Nonparty C at par value of KRW 330,000,000, the due date on September 4, 2016, the due date (including the former) bank, and the date of issuance on March 3, 2016.
B. Since then, the foregoing electronic bill was divided, and KRW 50,000,000 of its face value (hereinafter “instant bill”) was successively endorsed and transferred to Sable Holdings, UNFC Co., Ltd., Pampling Co., Ltd., and the Plaintiff was endorsed and transferred by Pex on March 15, 2016.
C. On September 5, 2016, the Plaintiff presented to the New Bank a payment proposal for the Promissory Notes, but refused payment.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to Articles 4 and 6(1) and (3) of the Act on the Issuance and Distribution of Electronic Bills, the provisions of the Bills of Exchange and Promissory Notes Act shall apply to electronic bills, except as otherwise provided for in the above Act, and the matters provided for in subparagraphs 1, 2, 3, 5, and 6 of Article 75 of the Bills of Exchange and Promissory Notes Act shall be stated in electronic bills, and where an issuer has made a certified electronic signature on electronic bills, the issuer shall be deemed to have affixed the name and seal
According to the above legal provisions and the above facts, the issuer of an electronic bill is responsible for the issuer of a promissory note, barring any special circumstance, the Defendant, as the issuer of the instant bill, is obligated to pay the Plaintiff, who is the final holder of the instant bill, the amount of KRW 50 million and 15% delay damages per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from March 30, 2018 to the date of full payment, as the Plaintiff seeks.
In regard to this, the defendant, who was accused by Nonparty C, issued the bill of this case, shall distribute the bill to its holders.