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1. The Defendant’s KRW 105,490,00 and the Plaintiff’s annual rate of KRW 6% from August 26, 2014 to September 4, 2014, and the following.
Reasons
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and 5-1, 2, and 3-1, 2, 3, 4, 1, 4-1, 4-16, and 4-16.
On April 24, 2014, the Defendant entered into a contract with Taesan Development Co., Ltd. (hereinafter referred to as “ Taesan Development”) under which the period of transaction from April 24, 2014 to May 31, 2014, the volume is 7,000 cubic meters, and the price is 9,590,000 won (excluding value-added tax, and the unit price per cubic meter is 13,700 won) to be supplied with aggregate from Taesan Development (hereinafter referred to as “instant contract”).
B. (1) In the process of issuance of a bill, Article 1(6) of the contract of this case stipulated that the payment for the bill shall be 120 days in advance. The defendant issued the bill of this case for the purpose of paying advance payment for Taesan Development as follows.
(2) On April 25, 2014, the Defendant issued a one copy of an electronic bill of exchange (hereinafter “instant bill”) at the seat of 45 million won on the date of payment, August 24, 2014, at the Chuncheon City of the place of payment, at the Chuncheon City of the Bank of Korea (hereinafter “instant bill”), at the face value of 60,490,000,000, and on August 24, 2014, at the place of payment, Chuncheon City of the place of payment, at the Chuncheon City of the place of payment, at the Chuncheon City of the place of payment (hereinafter “instant bill”), and delivered an electronic bill of exchange at the place of payment (hereinafter “instant bill of exchange”). All of the instant two bills of exchange are referred to as “instant bill of exchange”).
C. At the time of the instant contract and the issuance of the Promissory Notes, Taesan Development leased aggregate extraction equipment, such as aggregate screening equipment, sckes, etc., from an equipment supplier, and had been supplied with oil from the Plaintiff and operated equipment, but did not pay the Plaintiff the oil price.
Taesan Development: (a) on April 25, 2014, endorsed and transferred the instant bill to the Plaintiff; and (b) on April 29, 2014, the Plaintiff returned to the Industrial Bank of Korea.