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1. The Defendant’s KRW 5,00,000 as well as 6% per annum from October 16, 2014 to October 23, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Samjin Public Co., Ltd. issued, on June 2, 2014, a promissory note (the serial number of which is 0096.125; hereinafter “instant note”) which is October 15, 2014, at the place of payment, KRW 55,00,000 at par value, and the name and address of our bank, the place of payment, and the due date, and delivered it to the Defendant. The Defendant endorsed, endorsed, and transferred it to the Plaintiff, and D&T was endorsed and transferred to the Plaintiff.
B. The Plaintiff presented the bill of this case to the due date for the payment of the bill of this case, but the payment was refused on the ground of an accident report, and the Plaintiff currently holds the bill of this case.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant, who is the primary endorsement of the Promissory Notes, is liable to respond to the Plaintiff’s claim for reimbursement, who is the holder of the Promissory Notes, pursuant to Articles 77 and 43 of the Bills of Exchange and Promissory Notes Act
B. The Defendant: (a) once issued the Promissory Notes to pay the steel price for D&T ethyl; (b) paid all the principal and interest in arrears on March 9, 2015; and (c) was to receive a return of the Promissory Notes from D&T ethyl, but the contact was interrupted.
However, according to the Defendant’s assertion, even if the obligation between the Defendant and D&T is entirely extinguished, it cannot be asserted against the Plaintiff merely because it is a personal defense ground. Therefore, the Defendant’s above assertion is without merit.
C. Therefore, the Defendant is obligated to pay to the Plaintiff 5,00,000 won and the amount calculated by applying the respective rates of 6% per annum as stipulated in the Bills of Exchange and Promissory Notes Act from October 16, 2014 to October 23, 2014, which is the delivery date of a copy of the Bill of Exchange and Promissory Notes, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
3. The plaintiff's claim for conclusion is reasonable.