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1. The Defendant’s KRW 125,162,300 among the Plaintiff and KRW 90,000 among them, shall be KRW 20,000,000 from September 16, 2015.
Reasons
1. Determination as to the claim for the amount of a bill
A. (1) On June 10, 2015, the Trade Union issued an electronic bill number C, the issue amount of KRW 500 million, and the due date of maturity on September 15, 2015, and delivered the electronic bill to the Defendant. On June 11, 2015, the Defendant endorsed and transferred the amount of KRW 60 million to the Plaintiff (hereinafter “instant bill”). On the same day, the Plaintiff endorsed and transferred the amount of KRW 30 million to the Plaintiff, and the Plaintiff re-endorsed and transferred the amount to Kenya.
(2) On July 30, 2015, the Co., Ltd. issued an electronic bill number D, issue amount of KRW 500 million, maturity date: October 30, 2015, and delivered it to the Defendant. On August 7, 2015, the Defendant issued an electronic bill and delivered it to the Defendant. On August 7, 2015, with respect to KRW 20 million out of the above amount of the bill, the Plaintiff made an endorsement and transfer in sequence to the Kenya, respectively.
(3) The last holder of each of the Promissory Notes in this case presented a payment of each of the Promissory Notes at the due date, but was refused to pay each of the Promissory Notes in non-transaction.
(4) The Plaintiff recovered the instant 2 and 3 bills that had been transferred to Kenya Co., Ltd. and possessed both the said promissory notes.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, evidence 1 to 2-1 to 3, evidence 8-1 and 2-2, and the purport of the whole pleadings
B. (1) According to the facts of the determination as to the cause of the claim, the Plaintiff, the holder of each of the instant promissory notes, is obligated to pay the sum of KRW 110 million (=60 million in total) to the Defendant, the endorser of each of the instant promissory notes, and legal interest or delay damages therefrom.
(2) As to the defendant's assertion and its determination, each of the Promissory Notes in this case aims to discount bills for the self-financing without any actual transaction in the course of settlement of loans between E and the representative director F of the plaintiff's company.