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1. The Defendant’s KRW 38,00,000, and the Plaintiff’s annual interest from September 13, 2016 to October 11, 2016, and the following.
Reasons
1. Determination as to the claim for the amount of a bill
A. The Defendant issued a promissory note (hereinafter “instant promissory note”) with its face value of KRW 38 million, issue date March 16, 2015, and July 16, 2015, the due date of payment, and the due date of July 16, 2015, and the due date of payment, the New Bank Co., Ltd., Ltd., the place of payment, and the payee’s column. (2) The Plaintiff, as the final holder of the instant promissory note, presented the payment of the instant promissory note at the due date, but refused payment.
3) The Plaintiff supplemented the column for the addressee of the Promissory Notes in this case as “A” during the instant lawsuit, and presented a payment proposal to the Defendant on September 12, 2016 by means of the delivery of a duplicate of the briefs as of September 8, 2016. [The purport of each entry and all pleadings as to evidence A-2, A-9, and 10, based on recognition, is as follows.]
B. The supplement of a blank bill can be exercised even after the date of payment, and where a lawsuit claiming the amount of the bill is instituted against the issuer who is the principal debtor, the right to supplement is exercised only until the date of closing the argument (see, e.g., Supreme Court Decision 94Da41812, Jun. 9, 1995). Thus, the Defendant, as the issuer of the Promissory Notes, is obligated to pay as the issuer of the Promissory Notes the amount of KRW 38 million and damages for delay at each rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from September 13, 2016, which is the day following the date on which the said Promissory Notes was lawfully presented to the Plaintiff.
2. As to the claim for wages, the Plaintiff asserts that there exists a wage claim for the comprehensive construction of New Zealand Co., Ltd., and that, as the Defendant, delivered the instant promissory note to the Plaintiff, it is obligated to pay the said promissory note to the Plaintiff.
However, evidence Nos. 4, 5-1, 2, 6-2.