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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. According to the evidence evidence No. 1 of the judgment as to the cause of the claim, the fact that the Defendant issued a promissory note of KRW 10,000,000 at the time of payment on April 15, 2016 with each of the respective addressees as the Plaintiff; the time of payment on August 30, 2016; the time of payment on April 28, 2016; the time of payment on August 31, 2016; the time of payment; and the time of payment on August 31, 2016; and the fact that the Plaintiff submitted a copy attached to each of the said promissory notes to the Gangseo Branch Branch Branch Branch Branch Branch Court of the Chuncheon District Court to the Defendant on January 25, 2018.
According to the above facts, the defendant, who is the issuer of each promissory note, is obligated to pay to the plaintiff, the holder of each promissory note, 20,000,000 won per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 26, 2018, which is the day after the defendant's legal representative served with a duplicate of a complaint, until January 26, 2018, which is appropriate for the defendant to dispute over the existence and scope of the obligation to perform, and 6% per annum under the aforesaid Act from the next day to the day of complete payment.
However, the drawer of a bill does not assume the responsibility for delay prior to the lawful presentation of the bill, and there is no evidence to prove that the plaintiff presented each of the promissory notes to the defendant before the copy of the bill of this case is served on the defendant. Thus, the plaintiff's claim for delay damages from the due date of each promissory note to the due date of delivery of the copy of the bill of this
2. Judgment on the Defendant’s assertion of human defense grounds
A. Although the Defendant issued each promissory note to the Plaintiff, each promissory note was issued by the Plaintiff, each of which was secured or issued for the payment of the loan amounting to KRW 6,900,000 from the Plaintiff on April 28, 2016, and thereafter the Defendant paid KRW 9,00,000 to the Plaintiff.