beta
Text
1. The Plaintiff, Defendant B, and Defendant C, together with Defendant B, KRW 12,000,00,000, and each of the above amounts.
Reasons
1. Basic facts
A. On March 21, 2016, E Co., Ltd. (hereinafter “E”) issued one electronic bill (hereinafter “first bill”) as of July 31, 2016, including the amount of 28.4 million won, and the due date. On the first bill, Defendant C is exempted from the preparation of a certificate of non-payment and endorsement of each endorsement amount as of March 28, 2016 by Defendant B as of April 11, 2016.
B. On April 11, 2016, E issued one electronic bill (hereinafter “second bill”) on July 11, 2016, which is the due date, and on July 11, 2016, and Defendant B exempted Defendant B from preparing and endorsed a protest for non-payment with the amount of endorsement as KRW 30 million as of April 11, 2016.
C. On May 2, 2016, the Plaintiff acquired bills Nos. 1 and 2, and subsequently endorsed them to F Co., Ltd. (hereinafter “F”).
When the bill of this case was processed in default on the grounds of non-transaction on July 7, 2016, and was rejected, the Plaintiff paid KRW 43 million to F from July 5, 2016 to July 28, 2016, and was confirmed by the electronic bill management agency on August 5, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. According to the facts of the determination as to the cause of the claim, Defendant B, an endorser of the bill Nos. 1 and 2, is obligated to pay as an endorser of the bill Nos. 1 and 2, the amount of endorsement of the bill No. 1 and 2, and the amount of endorsement of the bill No. 1 and 2, and the Plaintiff who recovered the bill No. 1 and 2, as a result of the Plaintiff’s performance of the Plaintiff’s duty of recourse, 42 million won, and damages for delay calculated at the rate of 15% per annum as stipulated in the Bills of Exchange and Promissory Notes Act, from July 29, 2016 to September 6, 2016, the original copy of the instant payment order was served on Defendant B, barring any special circumstance.
B. As to the Defendant B’s assertion, the Defendant B paid the amount of the bill of exchange.