beta
Text
1. The Defendants jointly establish a group of KRW 90,000,000 with respect to the Plaintiff and the period from January 1, 2015 to May 10, 2016.
Reasons
1. Basic facts
A. On March 15, 2014, Defendant B issued a promissory note stating “90,00,000 won” at par value, “20,000,” “31 December 31, 2014,” “C” as of the date of payment, “C” as of the date of issuance, “3. 15, 2014.”, “the date of issuance,” “the date of issuance,” and “the date of payment,” respectively (hereinafter “instant promissory note”).
B. The Promissory Notes of this case was transferred in sequence by a blank endorsement, which exempted the preparation of each of the certificates of non-payment from Defendant C Co., Ltd (hereinafter “Defendant Co.”), the first endorsement, to the Plaintiff.
C. The Plaintiff is holding the Promissory Notes of this case.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. According to the facts of the above recognition, the Defendant Company, the issuer of the Promissory Notes in this case, is jointly obligated to pay to the Plaintiff the interest and delay damages at each rate of 15% per annum, which is within the statutory interest rate stipulated in the Bills of Exchange and Promissory Notes Act, from January 1, 2015 to May 10, 2016, which is the date of payment, as sought by the Plaintiff, from January 1, 2015 to May 10, 2016, and from the next day to the date of full payment.
The Defendants issued the Promissory Notes to Defendant B, and the Plaintiff was also at the place of publication. The amount of Defendant B’s debt to Defendant B was 27 million won, and the face value was stated as KRW 90 million because E did not exercise the Promissory Notes. Thus, the Plaintiff’s defense constitutes a false representation of the cause of the Promissory Notes or a false conspiracy, and the Plaintiff’s year is also recognized. However, the defense alleged by the Defendant is merely a human defense, and there is no evidence to prove that the Plaintiff had a year as to the said defense. Thus, the Defendants’ defense is further examined.