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1. The Defendant shall start on November 9, 2017 against the Plaintiff KRW 50,00,000 and its interest.
Reasons
1. Basic facts
A. On April 2017, when requesting C to raise funds through the discount of bills, the Defendant issued electronic bills (hereinafter “instant pre-division bills”) at the face value of KRW 100 million, the issue date of issuance, August 14, 2017, with the maturity of KRW 100 million, and the maturity of KRW 14,000,000,000,000,000,000,000,000.
B. C again requested F to discount the Promissory Notes, and upon F et al.’s initiative, D Co., Ltd.: (a) made four installments of the Promissory Notes in four installments; and (b) made endorsement on two of them (the Promissory Notes No. 1: Promissory Notes No. G, face value No. 25 million won; (c) 2: Promissory Notes No. H, face value No. 25 million won; and (d) the total amount of the Promissory Notes No. 25 million won (hereinafter “each of the Promissory Notes”).
C. After that, each of the instant bills was transferred by endorsement to the Plaintiff, and the Plaintiff recovered each of the instant bills as it was finally refused to pay, although it was endorsed to L Co., Ltd and M respectively as payment.
[Ground of Recognition] Facts without dispute, Gap evidence 1 through 5, 10 evidence, Eul evidence 4 (including additional number), the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant, as the issuer of each of the instant bills, is obligated to pay the Plaintiff, who is the holder of the Promissory Notes, the total sum of KRW 50 million, as well as damages for delay calculated at the rate of 15% per annum from November 9, 2017 to the day of full payment, as the day following the delivery of the copy of the Promissory Notes, as the Plaintiff seeks.
As to this, the defendant delivered each of the bills of this case to the plaintiff without any cause, and the plaintiff acquired each of the above bills with the knowledge that he would thereby prejudice the defendant, and thus, the plaintiff may refuse to pay the bill of this case against the plaintiff.
Unless the holder has acquired a bill with the knowledge that it would prejudice the debtor, the debtor shall not be the case.