약정금 등
1. Defendant B and D Co., Ltd.: (a) KRW 28,697,853 for each Plaintiff; and (b) from October 18, 2007 to July 9, 2013 for each Plaintiff.
1. Basic facts
A. On July 3, 2007, the Plaintiff requested a discount of a promissory note as of October 3, 2007 (hereinafter “the promissory note in this case”) from Defendant D’s issuer, item industry development (hereinafter “stock company”) at the time of the first entry, par value 90,000,000, face value 90,000, and bill number E, and due date for payment, and paid KRW 81,90,000,000 after deducting the three-month interest of KRW 8,10,000 from Defendant D.
B. Defendant C, the representative director of Defendant B, had the instant promissory note discounted on Defendant D, and agreed to pay the said promissory note to Defendant D with the responsibility from (i)B to (ii) October 5, 2007, irrespective of the date of payment. (ii) the Plaintiff stated “B representative director C” and written a document with his seal impression affixed on Defendant B (hereinafter “instant repayment agreement”), and Defendant D delivered it to the Plaintiff.
C. Defendant C stated in the supply agreement of the F apartment 1501, Changwon-si, Changwon-si, which Defendant B sold, that “this supply agreement shall be issued on October 3, 2007, with the face value of KRW 90,000,00,000, by extending the payment date for the bill of exchange in the face value of KRW 90,000,00,000, and shall be recovered after repayment (the repayment shall be made by October 10, 2007).” The said supply agreement (hereinafter “the supply agreement of this case”) was issued to Defendant D with the discount of the Promissory Notes, and Defendant D delivered it to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the result of the personal examination of defendant D, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the facts of the above recognition, Defendant D is a debtor who was discounted on the Promissory Notes from the Plaintiff, and Defendant B is obligated to pay the obligations under the Promissory Notes in this case by delivering the instant reimbursement agreement and the supply agreement to the Plaintiff via Defendant D.