The Defendants jointly combine the Plaintiff with KRW 40,000,000, as well as 6% per annum from January 28, 2016 to April 14, 2016.

Facts of recognition

There is no dispute, or according to the purport of Gap evidence No. 1 and the whole arguments, defendant Byungsan Construction Co., Ltd. (hereinafter "Jinsan Construction") issued a bill with the bill number 004201510600000,000 on November 6, 2015 (hereinafter "the bill of this case") as of January 28, 2016 on the bill number 0042015106000,000, due date, and the bill as of January 28, 2016 (hereinafter "the bill of this case") to Dong Jinjin L&T Co., Ltd. (hereinafter "Dongjin L&T"), the plaintiff is exempted from the preparation of a protest and transferred it by endorsement to the plaintiff, and the fact that the plaintiff refused to pay the bill of this case even if the plaintiff presented to pay the bill of this case on the due date.

If so, the Defendants are jointly liable to pay to the Plaintiff KRW 40,00,000 and damages for delay calculated at the rate of 6% per annum as stipulated by the Bills of Exchange and Promissory Notes Act from January 28, 2016 to April 14, 2016, the delivery date of the instant complaint, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the day of full payment.

The bill of this case is issued as material price for the construction site of Defendant Jinsan Construction. However, the above Defendant delivered the bill of this case to the Plaintiff who discontinued construction and is prone to the Plaintiff, and the Plaintiff alleged to the effect that it would have acquired the bill of this case with knowledge that it would prejudice the construction of the comprehensive construction of Defendant Jinsan. However, it is insufficient to acknowledge the bill by only the descriptions of the certificate Nos. 1 and 2, and there is no other evidence to acknowledge it.

In addition, when the issuer of the bill reported the occurrence of the accident such as the report on the acceptance of the bill at the due date, the issuer deposited the bond equivalent to the face value of the bill at the paying bank

However, it cannot be deemed that it has the effect as a deposit for payment to the holder of the bill, and it cannot be deemed that the interest from the date of payment or damages for delay has been prevented, which shall take effect.