Judgment on deemed confession: Articles 208(3)2 and 150(3) of the Civil Procedure Act

2. According to the statements in Gap evidence Nos. 1 and 3 (including additional numbers) of the judgment against defendant D, the above defendant is jointly and severally liable to pay to the plaintiff 60 million won as shown in the separate sheet to the plaintiff by December 31, 2010, together with the defendant Eul, etc., who was the representative director of the above company, who was in office as an internal director of Eul corporation Eul, by December 4, 2010. However, if the above representative director of the above company is unable to pay the above amount by the due date, it is recognized that the letter of payment was prepared to pay 30% interest per annum (hereinafter "the letter of payment in this case"). Thus, the defendant D is jointly and severally liable to pay the plaintiff the above payment amount of KRW 60 million and the damages for delay calculated at the rate of 30% per annum from January 1, 2011 to the day following the due date.

As to this, Defendant D was merely an employee of the above company at the time of the preparation of the letter of payment in this case, and was inevitably prepared as a result of the Defendant B’s failure to refuse the request by the representative director at the time. Thus, Defendant D cannot pay all the money requested by the Plaintiff. However, as long as Defendant D has signed the letter of payment in this case, it cannot be rejected the Plaintiff’s claim solely on the same circumstance of the above Defendant’s assertion. Thus, the above Defendant’s assertion cannot be accepted.

Therefore, the Plaintiff’s claim against Defendant D is accepted, and it is so decided as per Disposition.