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1. The Defendants together with the Plaintiff KRW 100,000,000, and with respect thereto, Defendant Oju General Construction Co., Ltd.
Reasons
1. Basic facts
A. The Defendant Korea-U.S. Corporation (former trade name before the change: Korea Steel Corporation; hereinafter “Defendant Korea-U.S. Corporation”) issued a bill number 0322016201024000059, issue date January 3, 2017, April 15, 2017, the due date of payment of which was 10,000,000 electronic bills (hereinafter “instant bill”) to the Defendant O.S. Construction Corporation (hereinafter “Defendant O.S. Construction”).
In fact, an electronic bill, which constitutes a par value of 300,000,000, was issued, but among them, KRW 100,000,00 among them was divided by endorsement and assignment, is limited to the above KRW 100,000,00, and thus, the facts are arranged accordingly.
B. On January 3, 2017, Defendant O-ju Construction: (a) waived and transferred the bill to Nonparty 2 Heavy Industries Co., Ltd. (hereinafter “dual Heavy Industries”); and (b) on January 10, 2017, Defendant O-ju General Construction exempted the Plaintiff from the duty of the protest to make up a part of the purchase price.
C. The Plaintiff presented the bill of this case to the due date, but the payment was refused due to the shortage of deposit, and currently holds the bill of this case.
【Ground of recognition】 The fact that there has been no dispute, Gap 1, 2, 3, Eul 8, 11, the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, the Defendants, who are the issuer or endorser of the Promissory Notes, jointly with the Plaintiff, who is the last holder, and with respect to the amount of KRW 100,000,000,000, which is the bill of this case, barring any special circumstance, Defendant Oral General Construction, from April 16, 2017 following the date following the date of the presentation of payment, until June 21, 2017, the original copy of the payment order of this case, 6% per annum prescribed by the Bills of Exchange and Promissory Notes Act, 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment, and