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1. The part against Defendant B and C in the judgment of the first instance is revoked, and each claim against the said Defendants is filed by the Plaintiff.
Reasons
1. According to the facts stated in Gap evidence No. 1, it is recognized that the issuer is the name of the defendants, and the date of issuance is the plaintiff, the face value of 19,158,000 won, the date of payment is January 28, 200, and the date of payment is the date of payment, the place of payment, the place of payment, and the issue date of each Promissory Notes in Seoul. Thus, if the issuer, the issuer, delays the payment of the Promissory Notes to the holder of the said Promissory Notes, a promissory Notes No. 1, which recognizes that there is no objection even if compulsory execution is received (hereinafter referred to as the "notarial Deed of this case").
2. The Plaintiff’s claim against Defendant B and C seeking payment equivalent to the face value of the Promissory Notes. However, the Defendants asserted that the signature and seal of Defendant B and C indicated on the Promissory Notes and the Promissory Notes attached thereto were arbitrarily made by Defendant D. As such, the fact that the signature and seal of the above Defendants B and C was made by Defendant D does not conflict between the parties.
Furthermore, as to whether Defendant D had the authority to act as an agent or an agent for the signature and seal of Defendant B and C at the time, there is no evidence of proof by the Plaintiff to acknowledge this, and there is no evidence of proof by the Plaintiff, it is difficult to recognize the portion of Defendant B and C’s obligations related to the Promissory Notes.
Therefore, the Plaintiff’s assertion against the above Defendants is rejected.
3. Plaintiff’s claim against Defendant D
A. According to the facts of the above recognition as to the cause of the claim, Defendant D is obligated to pay to the Plaintiff the amount of KRW 19,158,000 per annum from March 3, 2004 to the day of full payment, which is the day following the delivery date of the complaint in this case, to the day of full payment.
B. Defendant D, including Defendant D’s resistance, is from the Plaintiff.