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1. The Defendant shall pay to the Plaintiff KRW 231,00,000 as well as 20% per annum from July 5, 2014 to the day of full payment.
Reasons
1. With respect to the Plaintiff’s claim against the Defendant for the payment of a promissory note amounting to KRW 230,000,000,000 issued by the Defendant, the Defendant asserts that the bearer of the Promissory Notes in this case is unlawful on the ground that the Plaintiff (B) was not a lawful holder, and that the Plaintiff (B) was not a lawful holder.
However, in a lawsuit for performance, a person who asserts himself/herself as the right to demand performance has standing to sue, and the defendant's above argument is without merit.
2. Judgment on the merits
A. (1) In full view of the overall purport of the pleadings in each of the statements in Gap evidence No. 1-1, 2, and Gap evidence No. 2, the defendant issued, on February 24, 2014, the Promissory Notes Co., Ltd. (hereinafter "SP") with the payee Samsung Esti, face value of KRW 230,100,000, which was due June 15, 2014; Daegu Metropolitan City, Daegu Metropolitan City, Daegu Metropolitan City, Daegu Metropolitan City, and the place of payment, Daegu Metropolitan City, the place of payment, and the Gyeongbuk-gun, the place of issuance; and the Promissory Notes transferred the Promissory Notes to the plaintiff (B) on February 28, 2014; the plaintiff refused to pay the Promissory Notes at the place of the instant case on June 16, 2014; however, it can be acknowledged that the Plaintiff refused to pay the Promissory Notes.
(2) According to the facts of the above recognition, the Defendant, as the issuer of the Promissory Notes, is obligated to pay the Plaintiff, who is the holder of the Promissory Notes, the amount of KRW 231 million and interest or delay damages on the Promissory Notes.
B. The Defendant’s assertion is anticipated to make it difficult for Samsung to receive the instant promissory note, if the Defendant, due to the grounds for revocation or revocation existing in the goods supply contract between the party interested in the cause of the receipt of the instant promissory note and the Defendant.