beta
Text
1. Defendant B shall pay to the Plaintiff KRW 43,100,000 and the interest rate of KRW 15% per annum from April 25, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On October 16, 2015, Defendant B issued one copy of the Promissory Notes (hereinafter “instant Promissory Notes”) at the place of payment, Daejeon Branch of New Bank Co., Ltd., the payment date, and one promissory Notes (hereinafter “instant Promissory Notes”), the addressee’s blank, at the place of payment, on December 19, 2015, and subsequently, the Defendant Substitute Co., Ltd. (hereinafter “Defendant Substitute Commercial”) and the Defendant Han-Energy Co., Ltd. (hereinafter “Defendant Han-Energy”) endorsed each of the instant Promissory Notes in turn.
B. At the time of December 2015, Defendant B repaid the amount of the Promissory Notes to the Defendant Han-Energy, a final endorser of the Promissory Notes, and received the return of the Promissory Notes on December 18, 2015.
C. Around January 2018, Defendant B changed the face value of the Promissory Notes to “43,100,000 won” and delivered the payment date to the Plaintiff as “3,100,000,” respectively. The Plaintiff entered his name in the endorser’s column of the Promissory Notes and presented the payment proposal on April 2, 2018.
[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 2-1, Eul evidence No. 2-2, the purport of the whole pleadings
2. According to the facts of the above recognition as to the claim against Defendant B, Defendant B, as the issuer of the Promissory Notes of this case, is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from April 25, 2018 to the day following the delivery date of the copy of the Promissory Notes of this case sought by the Plaintiff.
(2) On the date of pleading of this case, Defendant B stated that there is no dispute as to the Plaintiff’s claim, and that she is responsible for and liable for it on the date of pleading of this case.
A. The plaintiff's assertion is the final holder of the Promissory Notes in this case.