beta
Text
The defendant shall pay 50,00,000 won to the plaintiff and 12% per annum from January 7, 2020 to the day of complete payment.
Reasons
The Defendant issued an electronic bill (hereinafter “instant bill”) at a face value of KRW 50,00,00,000 at face value to D Co., Ltd. on May 29, 2019, and on November 29, 2019 on the maturity date of the bill; thereafter, the said company endorsed and transferred the instant bill to the Plaintiff on or around May 2019; the fact that the Plaintiff offered the payment of the instant bill on the maturity date of the bill but the payment was refused on the ground of the acceptance of the bill but the Plaintiff offered the payment of the bill on the maturity date, can be recognized pursuant to the purport of the evidence No. 1 and the entire pleadings.
According to the above facts, the defendant, who is the issuer of the bill of this case, is obligated to pay to the plaintiff, the last holder of the bill of this case 50,000,000 won at the face value of the bill of this case and damages for delay calculated at the rate of 12% per annum from January 7, 2020 to the day following the delivery date of the copy of the bill of this case claimed by the plaintiff.
F, who operates the Defendant’s assertion-based limited liability company E, was deceiving the Defendant to supply aggregate at a low price when financing the Defendant, and the Defendant issued the instant bill to D, a limited liability company designated by F for the purpose of trusting and allowing F to make its own financial form.
The Plaintiff received the Promissory Notes from D Co., Ltd., and deposited KRW 44,000,00 in the account under G’s name, but this is merely a loan to the Plaintiff’s G, and the Plaintiff did not pay the discounted amount of the Promissory Notes.
Judgment
1) The financing bill refers to a bill which is received in order to have another person obtain financing from a third party by a bill, and the issuer of a financing bill is either in good faith or bad faith with respect to a third party who has taken over the bill from a melting party, and even if acquisition by endorsement after the due date, the financing bill is issued without compensation.