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1. The Defendant shall pay to the Plaintiff KRW 58.4 million with a interest rate of 20% per annum from June 4, 2015 to the date of full payment.
Reasons
1. As to the cause of the claim, the Defendant issued, on May 2, 2015, one copy of the check number per face value of 28,400,000 won per face value on May 2, 2015, and one copy of the check number of 30,000,000 won per face value on the 16th of the same month (hereinafter “each check of this case”), and the Plaintiff received and possessed each check of this case through the mass cable, and the Plaintiff issued and possessed the check of this case. The fact that the Plaintiff presented the check of this case within the time limit for presentment for the payment of each check of this case, but the payment was rejected on the ground of the report of this case, does not conflict between the parties, or according to the statement of Gap 1 and 2, it can be recognized. According to the above acknowledged facts, the Defendant is obligated to pay the Plaintiff damages for delay calculated on June 20, 2015, the day following the delivery of each check of this case to the Plaintiff.
2. The defendant's assertion argues that the defendant issued each of the instant checks in order to secure payment of the price by purchasing cables from the mass cables, and that there was an agreement between the mass cables at the time to not distribute the said checks, and that there was no reason to pay each of the instant checks since he did not receive cables from the mass cables thereafter.
However, the above circumstances asserted by the Defendant are merely defenses arising from the personal relations with the Daeyang Cables, the previous holders of each of the instant checks, and cannot be asserted against the Plaintiff, the present holders (main sentence of Article 2 of the Check Act). Therefore, the Defendant’s above assertion is without merit.
3. According to the conclusion, the plaintiff's claim is accepted on the ground of the reasons.