1. The defendant was returned to the plaintiff with a bill indicated in the separate sheet from the plaintiff, and at the same time, gold 23,485.

1. The Plaintiff: (a) supplied hot spring goods to the Defendant from the beginning of 2015 to November 30, 2015 (hereinafter “price for the instant goods”); and (b) delivered to the Plaintiff a promissory note indicating the Defendant’s attached note (hereinafter “instant note”) in relation to the price for the instant goods; and (c) the Plaintiff is not in dispute between the parties to the instant bill, or can be recognized by comprehensively taking account of the entire arguments and arguments as set forth in the evidence A1 to 5.

According to the above facts, the defendant is obligated to pay 23,485,200 won for the goods of this case and damages for delay to the plaintiff, unless there are special circumstances.

2. Judgment on the defendant's defense

A. The defendant does not receive a refund of the bill of this case and, if the price of the goods of this case is to be paid, there is a risk of double payment. Thus, the defendant is obliged to pay the price of the goods of this case from the plaintiff at the same time as the bill of this case

1 기존채무의 이행에 관하여 어음, 수표를 교부하는 목적은 원칙적으로 당사자의 의사를 기준으로 하여 판단하여야 할 것이므로 당사자사이에 약정이 있는 경우에는 그에 따르면 되고, 특약이 없는 경우에는 ＂지급을 위하여” 또는＂지급확보를 위하여” 교부된 것으로 추정할 것이고, 따라서 특별한 사정이 없는 한 기존의 원인채무는 소멸하지 아니하고 어음, 수표상의 채무와 병존한다고 보아야 한다.

In addition, in the event that the existing underlying claim and the bill or check claim exist together, it is necessary for the creditor to return the bill or check when he exercises the underlying claim, which is related to the simultaneous performance with the debtor's performance. Therefore, the debtor is required to pay it in exchange for the bill or check.