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1. The Defendant’s KRW 510,000,000 as well as 6% per annum from September 1, 2010 to August 30, 2014 to the Plaintiff.
Reasons
1. In full view of the purport of the argument by the Plaintiff as to the Plaintiff’s assertion on the ground of claim No. 1, it is recognized that the Defendant and C, jointly with the Plaintiff on May 18, 2010, issued one promissory note with a face value of 560 million won, the date of issuance May 18, 2010, the date of payment, August 31, 2010, the place of payment, and the place of payment, each of which are Seoul (hereinafter “instant promissory note”) and delivered to the Plaintiff. The Plaintiff currently owned the instant promissory note, and ② the Plaintiff received KRW 50 million out of the amount of the instant promissory note at the time of the said payment.
According to the above facts, the Defendant, a joint issuer of the Promissory Notes of this case, is obligated to pay KRW 510 million to the Plaintiff, a holder of the Promissory Notes of this case, deducting KRW 560 million already received by the Plaintiff from the amount of KRW 560 million, unless there are special circumstances.
2. On the judgment of the defendant's assertion, the defendant asserts that there is no monetary transaction relationship between the plaintiff and the defendant. The defendant issued a promissory note in this case on the ground that the plaintiff did not have any obligation to pay the amount of the promissory note in this case, and thus,
On the other hand, there is no evidence to acknowledge that the Plaintiff did not have any obligation to pay the Promissory Notes to the Defendant. Therefore, the Defendant’s above assertion is without merit.
3. Therefore, the Defendant is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 6% per annum as stipulated by the Bills of Exchange and Promissory Notes Act from September 1, 2010, which is the day following the payment date of the Promissory Notes in this case, to August 30, 2014, which is the day when the original copy of the instant payment order was served on the Defendant, and 20% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.