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1. The Defendant: (a) KRW 130,300,000,000 and the Plaintiff’s 20% per annum from August 5, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. The Defendant issued two promissory notes as indicated below and delivered them to C (hereinafter “instant notes”)
() On March 20, 2015, KRW 466.7 million for the recipient’s payment date of the face value of the check number C, Kimnam Bank E 63.6 million, and KRW 63.6 million, and KRW 22.3 million for the Plaintiff, the F Company G G Gyeongnam Bank 2) held the instant bills. The Plaintiff paid KRW 50 million on September 30, 2014, KRW 50 million, and KRW 50 million on December 30, 2014, KRW 300,000,000,000 and KRW 122.3 million on January 1, 2015, and issued the said bills to the Plaintiff.
3) The plaintiff presented to Gyeongnam Bank the payment of the instant bills, but refused to pay them, and currently holds the said bills. [Grounds for recognition] The plaintiff did not dispute, Gap evidence Nos. 1 through 3 (including provisional numbering), and the purport of the whole pleadings.
2. Determination
A. According to the facts of the judgment on the cause of the claim, the Defendant, the drawer of the bill of this case, is obligated to pay the Plaintiff, the lawful holder of the bill of this case, the total face value of the bill of this case, KRW 130,30,000,000, and delay damages therefrom, barring special circumstances.
B. The Defendant’s defense is a defense that the Plaintiff cannot claim the amount of the Promissory Notes against the Defendant, since C, without any actual transaction with the Defendant, forced the Defendant to use the Promissory Notes, and the Plaintiff was well aware of such circumstances.
The above reasons asserted by the defendant are merely a personal defense against the defendant C, and they cannot be asserted against the plaintiff unless the plaintiff acquired a bill with the knowledge that the plaintiff would harm the defendant who is the debtor of the bill of exchange pursuant to the proviso of Article 17 of the Bills of Exchange and Promissory Notes Act, and there is no other evidence to acknowledge this.
The defendant's defense is a cause for the defendant's own financing of C.