beta
Text
1. The Defendant’s KRW 900,900,000 as well as the Plaintiff’s annual rate of KRW 6% from October 21, 2017 to August 16, 2018.
Reasons
1. The Defendant issued, on August 17, 2017, an electronic bill number 02020170817081753515666, par value 900,900,000, maturity 2000, October 2017, 2017, the Korean Financial Center Credit of the Payment Bank (hereinafter “instant bill”); and on August 18, 2017, the Nonparty Company endorseded and transferred the instant bill to the Plaintiff in the course of receiving the loan of an electronic bill from the Plaintiff.
On October 20, 2017, the Plaintiff presented a proposal for payment of the Promissory Notes, but refused to pay (registration was made to the management agency of electronic bills). On the same day, the instant Promissory Notes were defaulted on the grounds of the receipt of the accident.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Judgment on the cause of the claim
A. According to the facts of recognition, the Defendant, the issuer of the Promissory Notes, is obligated to pay to the Plaintiff, the final holder of the Promissory Notes the amount of KRW 900,900,000, and to pay damages for delay calculated at the rate of 6% per annum under the Commercial Act from October 21, 2017, which is appropriate for the Defendant to dispute as to the existence and scope of the obligation to pay the Promissory Notes, until August 16, 2018, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date following the day of the issuance of the Promissory Notes, to the day of full payment.
B. As to this, the Defendant asserted that the Plaintiff did not legally acquire the right of the Promissory Notes because of the failure of endorsement by means of an electronic document under the Issuance and Distribution of Electronic Bills Act (hereinafter “Electronic Bills Act”) with respect to the Promissory Notes, and that the Defendant may oppose the Plaintiff to the set-off defense against the non-party company, i.e., the damage claim against the non-party company and the claim against the non-party company for the amount of the electronic Promissory Notes.
In Article 7 (1) of the Electronic Bills Act, an endorsement is made on an electronic bill.