어음금
1. Defendant B, D, and E jointly combine with the Plaintiff KRW 132,135,094, as well as Defendant B, and D with respect thereto from October 6, 2012. < Amended by Act No. 11293, Oct. 6, 2012>
1. Basic facts
A. On July 31, 2012, F Co., Ltd. (hereinafter “F”) supplied oil from the Plaintiff and delivered to the Plaintiff a promissory note with the unpaid amount of KRW 148,350,094, which was issued by the Plaintiff. On July 31, 2012, for the payment of the unpaid amount and additional oil payment, the payee, face value, issue date, payment date, place of payment, and place of payment are blank (hereinafter “instant Promissory note”).
B. On the same day, the non-party company prepared a certificate of right to supplement a blank bill stating that “The Promissory Notes are issued for the purpose of securing the plaintiff’s future bonds, and if the non-party company fails to pay its debts within the agreed period, it shall grant the plaintiff the right to exercise its rights in the Promissory Notes by supplementing the amount, date, etc. (hereinafter “certificate of right to supplement the Promissory Notes”) and deliver it to
C. At the time when the non-party company issued the instant bill and the certificate of supplementary rights to the Plaintiff, the name and address of each of the Defendants, and the resident registration number of Defendant B and E were indicated, and the seal was affixed to the Defendants’ name.
The Plaintiff applied for a payment order with a face value of KRW 150,00,000, issue date on July 31, 2012; the date of payment on August 13, 2012; the date of payment on August 13, 2012; and the place of payment on September 28, 2012; and the original copy of the payment order reached the non-party company on October 5, 2012.
E. The Plaintiff supplied oil to Nonparty Company by September 2012, and received part of the oil payment from October 2012, and the unpaid oil payment as of the date of closing argument of the instant case is KRW 132,135,094.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. Since the Defendants guaranteed the payment of the instant bill, the Defendants are the Nonparty Company.