A. Defendant D engaged in wholesale and retail service in relation to the repair of saw-to-saw machinery with the trade name of “E” and traded with the Plaintiff, such as purchasing machinery from the Plaintiff.

B. On March 23, 2017, Defendant D, who had been liable to the Plaintiff for a debt equivalent to KRW 400 million for the purchase of goods, etc., respectively, with the effect that “from May 20, 2017 to May 20, 2017, Defendant D paid off the Plaintiff’s debt amounting to KRW 5,00,000,00 each month, and then lost the benefit of time for delay once,” and “each of the instant notes.”

(C) Defendant C, the birth of Defendant D, signed each of the instant notes with Defendant D. D. The Defendants delayed payment of money based on the instant notes, and around December 24, 2018, the principal amount of the Defendant D’s obligation, including the price of goods, to the Plaintiff was KRW 114,760,09. E. On July 18, 2019, the Plaintiff filed an application against the Defendants for the instant payment order against the Defendants on the ground that there was no dispute over the instant payment order. [In the absence of any grounds for recognition, each of the descriptions in subparagraphs 1 and 2, and the purport of the entire pleadings.]

2. In full view of the above-mentioned facts and the following facts recognized by the evidence as to the cause of the claim, namely, the Defendants’ signing on each of the instant notes without distinction of the principal obligor and the guarantor, Defendant D and the joint guarantor thereof, jointly and severally, are liable to pay to the Plaintiff damages for delay calculated at a rate of 114,0760,09 won and 12% per annum under the Commercial Act from December 25, 2018 to August 26, 2019, as the Plaintiff seeks from the date of loss of the Defendants’ maturity, to the date of final delivery of the original copy of the instant payment order, as the Plaintiff seeks from December 25, 2018 to the date of full payment.

3. Determination as to whether each of the instant letters against Defendant C is null and void

A. The summary of the Defendants’ assertion is as follows.