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1. The Defendant’s KRW 138,600,000 as well as 6% per annum from June 16, 2015 to December 28, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 15, 2015, the Defendant issued an electronic bill with a face value of KRW 138.6 million with a maturity of KRW 100 million and KRW 138.6 million with a maturity of June 16, 2015, and C borrowed the said bill and used it for financing, but the Defendant transferred the said bill to the Plaintiff designated by C, used the amount of the funds at the rate of 50%, and if the funds are to be raised, C agreed to immediately return the said bill to the Defendant.
B. On March 16, 2015, the Defendant issued an electronic bill (hereinafter “instant bill”) which is the payee, the Plaintiff, the face value of KRW 138.6 million, the issue date on March 16, 2015; and the maturity of June 16, 2015; and the electronic bill (hereinafter “instant bill”).
C. C, despite the Defendant’s issuance of the Promissory Notes for the purpose of discount, issued the said Promissory Notes to the Plaintiff for the purpose of repaying its existing obligations. On March 16, 2015, the Plaintiff endorsed and transferred the said Promissory Notes to a corporate bank, and on the same day, remitted KRW 25,500,000,000,000,000,000,00
On the other hand, on June 16, 2015, when the maturity of the Promissory Notes, the Corporate Bank presented the said Promissory Notes to the Sejong Bank of Korea (Seoul Bank), and the Defendant was refused to pay the said Promissory Notes upon reporting accidents on the ground of misappropriation. The Plaintiff, the endorser of the said Promissory Notes, performed his/her duty to recourse to the Corporate Bank on the same day, and recovered the said Promissory Notes from the Corporate Bank.
E. On March 14, 2015, the Defendant: (a) stated that C, the vice president of the Defendant, entered the electronic bill into the account of the company designated by C, and paid 50% of the discounted amount at discount; (b) issued the instant bill; and (c) even if the Plaintiff received the said bill and received discount, C did not pay the discounted amount of the said bill to the Defendant; and (c) asserted that C received the said bill in collusion with the representative director of the Plaintiff and C, the Plaintiff’s representative director and C.