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(영문) 부산지방법원 2016.06.28 2016가단301161
어음금
Text

1. The Defendant: (a) KRW 200,000,000 for the Plaintiff and 6% per annum from December 7, 2015 to January 20, 2016.

Reasons

1. Facts of recognition;

A. The Defendant issued each electronic bill (hereinafter “instant bill”) to the Sejong Steel Co., Ltd. (hereinafter “Sjin Steel”) stating “the date of the issuance on June 29, 2015; the payee’s Sejong Steel Co., Ltd.; the amount of KRW 50,00,000; and the due date on December 5, 2015” (hereinafter “instant bill”); and the date of the issuance on July 15, 2015; the payee’s Sejong Steel Co., Ltd.’s amount of KRW 150,00,000; and the due date on December 5, 2015.”

B. On July 3, 2015, the Plaintiff entered into a discount agreement on the instant bill with respect to the instant bill No. 1 on July 15, 2015, and came to possess the instant bill No. 1 and 2 by endorsement from the Sejong Steel.

C. On December 7, 2015, bills Nos. 1 and 2 of the instant case were rejected after the disposition of default on payment upon the receipt of the accident report (defensing, failing to perform the contract).

[Ground of recognition] The fact that there is no dispute, Gap's 1 or 8 evidence (including additional number) and the purport of whole pleading

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the defendant, who is the drawer of the bill Nos. 1 and 2 of this case, is obligated to pay to the plaintiff, who is the holder, the total sum of the bill Nos. 1 and 2 of this case, 200,000 and delay damages.

B. As to the Defendant’s assertion, the Defendant asserts that: (a) bills Nos. 1 and 2 of this case were issued and delivered by deception of Skin Steel; and (b) Jin Steel used the above bills Nos. 1 and 2 for the purpose of advance payment of Skin Steel; and (c) in violation of this agreement, it used them for the Plaintiff as endorsement for bill discount; and (d) thus, there was no obligation to pay bills in accordance with the above bills Nos. 1 and

However, there is no evidence to prove that the bill Nos. 1 and 2 of this case contains the phrase of prohibition of endorsement claimed by the defendant, and the defendant's above assertion cannot be asserted against the plaintiff who is the holder under Articles 77 (1) 1 and 17 of the Bills of Exchange and Promissory Notes Act.

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