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1. The Defendant’s KRW 107,750,00 for the Plaintiff and KRW 6% per annum from May 14, 2018 to June 20, 2018.
Reasons
1. Basic facts
A. The Defendant issued two copies of electronic promissory notes of KRW 48,750,000 at face value, KRW 59,000 at face value, and KRW 59,00,000 at face value (hereinafter the above two copies of promissory notes are referred to as “each of the instant notes”).
B. On May 13, 2018, the maturity date of each of the instant bills, the Plaintiff presented to the South-dong Financial Center of the Bank for payment of each of the instant bills, but the payment of each of the instant bills was refused on the ground of the default of payment of the bills.
【Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings】
2. Determination
A. According to the facts of the determination on the cause of the claim, the Defendant, who is the drawer of each of the instant bills, is obligated to pay to the Plaintiff, who is the holder of the Promissory Notes, 107,750,000 won total of the face value of each of the instant bills, and 6% per annum prescribed in the Bills of Exchange and Promissory Notes Act from May 14, 2018 to June 20, 2018, which is the day following the due date for the delivery of a copy of the Promissory Notes, and 15% per annum prescribed in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
B. The summary of the Defendant’s argument 1) The Defendant, who is the drawer of each of the instant bills, issued the bill by deceiving the Defendant, and the Plaintiff knowingly acquired the bill with knowledge that each of the instant bills was issued by deception. Therefore, the Plaintiff cannot claim the payment of the bill based on each of the instant bills. Article 17 of the Arbitral Bill Act provides that “A person who receives a claim by a bill of exchange cannot set up against the Defendant with a defense arising from his personal relations with the drawer or with the previous holder. However, this shall not apply where the holder acquires a bill with knowledge that he would prejudice the debtor.” Article 77 of the Arbitral Bill Act, which is a provision on a promissory note, applies mutatis mutandis.