beta
Text
1. The Defendant’s KRW 53,400,000 as well as the annual rate of KRW 6% from July 3, 2018 to December 10, 2018 to the Plaintiff.
Reasons
1. Occurrence of a duty to pay bills;
A. The Defendant issued and delivered one promissory note (hereinafter “instant note”) to B Co., Ltd. (hereinafter “B”), as indicated in the following table, and B endorsed and transfers the instant note to the Plaintiff, and the Plaintiff currently holds it.
The plaintiff presented the bill of this case at the place of payment on the date of the presentment, but the payment was refused.
On June 30, 2018, June 2018, 2018, KRW 53.4 million on January 29, 2018, when the payment date of face value is proposed, the fact that there is no dispute over July 2, 2018 (based on recognition), Gap 1, 2, and 3 evidence, and the purport of the whole pleadings.
B. Therefore, barring special circumstances, the Defendant, who is the drawer of the Promissory Notes, is obligated to pay to the Plaintiff, the holder of the Promissory Notes, 53.4 million won and 6% per annum as prescribed by the Bills of Exchange and Promissory Notes Act from July 3, 2018 to December 10, 2018, which is the day following the date of delivery of the copy of the Promissory Notes, and 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
The Plaintiff claimed for the payment of damages for delay from July 1, 2018, the day following the due date of the Promissory Notes. However, the damages for delay against the issuer of a Promissory Notes is generated from the day following the date on which the date of the actual claim for payment, which is the date of the actual claim for payment. Thus
2. The defendant's assertion and judgment that the defendant delivered the bill of this case to B as the price for the goods, but failed to be supplied with the actual goods, thereby deceiving B from B, and thus, it cannot comply with the plaintiff's claim of this case.
The Defendant’s assertion is a claim regarding the absence or extinguishment of an obligation, which caused the issuance of the Promissory Notes, and in order to assert it to the Plaintiff, who is not a party to the underlying legal relationship, the Plaintiff would be entitled to endorsement and transfer the Promissory Notes.