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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. Facts of recognition;
A. C Co., Ltd. issued to H a copy of the electronic commitment note (hereinafter “instant electronic bill”) with the maturity of KRW 100 million on August 28, 2017, and the maturity of December 14, 2017.
B. The instant electronic bill was endorsed and transferred in sequence to the Defendant on September 6, 2017 from H, the addressee, on September 7, 2017, to an agricultural company M&A on September 8, 2017, to a limited-liability agricultural company on September 8, 2017, to the Korea Stock Company on September 14, 2017, to the Korea Stock Company on September 27, 2017, to TRA on September 27, 2017, to the Plaintiff on September 27, 2017, and to the Plaintiff on September 28, 2017.
C. On December 14, 2017, the Plaintiff, the final holder of the instant electronic bill, presented the instant electronic bill at the place of payment, which was the maturity date, and the payment was refused due to non-transaction.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. The assertion and judgment
A. According to the determination on the cause of the claim, the Plaintiff, the final holder of the electronic bill of this case, for which endorsement is continuous, shall be deemed to legally acquire the right to the electronic bill of this case, barring any special circumstance. Therefore, the Defendant, the endorser, is obligated to pay to the Plaintiff, the final holder of the electronic bill of this case, 6% per annum under the Commercial Act from December 15, 2017 to January 17, 2019, the delivery date of the complaint of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.
B. The Defendant asserts that the instant electronic bill was issued for a financing bill, and each of the causes of endorsement was defective from H, the first endorser, to the Plaintiff, and thus, the Plaintiff cannot respond to the Plaintiff’s claim.
financing bill means a bill which is received by other persons for the purpose of having them obtain financing from a third party by a bill, and is issued by the issuer of the financing bill.