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1. The Defendant’s KRW 180,620,00 for the Plaintiff and KRW 6% per annum from March 24, 2016 to April 5, 2016.
Reasons
1. On December 21, 2015, the Defendant issued an electronic bill with the face value of KRW 180,620,000, and the due date on March 20, 2016, to the Masan Construction Co., Ltd.; the place of payment, the corporate bank Cheongsan Branch; and the payee Masan Construction Co., Ltd.; and the electronic bill was endorsed and transferred in sequence to the Plaintiff.
On March 21, 2016, the Plaintiff, the last holder, presented a payment proposal at the place of payment, but refused payment.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, purport of the whole pleadings
2. Accordingly, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the amount equivalent to 180,620,000 won and 15% per annum under Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the full payment date, as the Plaintiff seeks from March 24, 2016 to April 5, 2016, the delivery date of a copy of the instant complaint.
In regard to this, the defendant argues that since there is no causal relationship between Mastain and the plaintiff, the plaintiff cannot pay the amount of the bill because the actual reason for exercising his right under the electronic bill ceases to exist. However, there is no evidence to acknowledge the defendant's assertion.
Rather, according to the fact-finding inquiry reply made by Mastain Co., Ltd. on June 27, 2016, it can be recognized that there exists a causal relationship between Mastain and the Plaintiff with respect to the electronic bill of this case.
3. The plaintiff's claim is accepted on the grounds of conclusion or higher.