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1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 6% from November 30, 2015 to January 4, 2016.
Reasons
1. According to the overall purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and the entire pleadings, the defendant issued an electronic bill (hereinafter “instant bill”) on July 21, 2015, which is the issue amount of KRW 50 million, the due date of November 30, 2015, and the place of payment (hereinafter “the instant bill”), the Plaintiff requested the Plaintiff to pay the bill at the discount, and the Plaintiff was in possession of the instant bill on September 9, 2015. However, it is recognized that the Plaintiff had presented payment of the instant bill at the due date, but failed to pay the bill.
According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the amount of KRW 50 million and the damages for delay calculated at the rate of 6% per annum as stipulated by the Bills of Exchange and Promissory Notes Act from November 30, 2015, which is the due date, to January 4, 2016, which is the date of payment, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the date of full payment.
2. Judgment on the defendant's assertion
A. The main point of the claim is that the Defendant paid the bill of this case to the said company by leasing 1.8 billion won to the said company with the purchase price of machinery which will have been put into the factory building to be constructed by joint investments with B Co., Ltd.
The defendant supplied raw materials to the above company and another corporation D corporation operated by the representative director C and received sales proceeds. However, during this transaction process, C did not pay the raw materials to the defendant and committed fraud or embezzlement.
Accordingly, the defendant shall receive a return of the money paid from the above company as the price for the purchase of machinery, and the plaintiff shall not be able to respond to the plaintiff's request because he is well aware of such circumstances and received the bill of this case without any cause.
B. The defendant's above assertion has no evidence to acknowledge the above assertion.