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1. The Defendants jointly hold the Plaintiff KRW 110,00,000 and the interest rate of KRW 15% per annum from July 21, 2018 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company engaged in wholesale and manufacturing business of electric wires, lighting equipment, etc., and Defendant C Co., Ltd. (hereinafter “C”) is a company engaged in the construction business of fire-fighting equipment.
B. Defendant C was supplied with goods necessary for the construction site by the Plaintiff. The goods supplied by the Plaintiff to Defendant C from January 13, 2017 to December 29 of the same year constitute KRW 117,751,290.
C. Defendant C acquired an electronic bill (hereinafter “instant bill”) at the face value of KRW 110,00,000 issued by Defendant G Co., Ltd. (hereinafter “G”), the issue date August 30, 2017, and the due date of January 10, 2018, following endorsement by Defendant F Co., Ltd., Ltd., Defendant D Co., Ltd (hereinafter “D”), and E Co., Ltd, and endorsed and transferred it to the Plaintiff on September 26, 2017 to pay KRW 110,00,000 out of the price of the said goods.
After that, on January 10, 2018, the due date of the Promissory Notes, the Plaintiff presented to the financial institution for the payment of the Promissory Notes, but the payment was refused due to non-transaction.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1 through 7, Gap evidence No. 5-1 through 7, 8, 9, Gap evidence No. 6, and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the Defendants, who are the issuer or endorser of the Promissory Notes, are jointly and severally liable to pay the Plaintiff, the final holder, the amount of KRW 110,000,000, and the damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from July 21, 2018 to the date of the final delivery to the Defendants, as sought by the Plaintiff.
B. (1) Determination on Defendant D’s defense (1) Defendant D fully repaid the total amount of KRW 306,350,000,00, which was incurred to Defendant C from December 16, 2016 to November 7, 2017.