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1. The Defendants jointly and severally against the Plaintiff KRW 35,00,000 and the Defendant B from January 25, 2018.
Reasons
1. Facts recognized;
A. On January 24, 2018, Defendant B issued one sheet (hereinafter “instant check”) of the number of shares (hereinafter “the check number G”) in the issuer Defendant B, the date of issuance on January 24, 2018, the par value of KRW 35,000,000, and the payer and the F Bank M&C branch of the Bank M&D. The Defendant C received and endorsed the check and delivered it to Defendant D, and the Defendant D delivered it to Defendant E after endorsement, and the Defendant E issued it again to the Plaintiff.
B. On January 24, 2018, the Plaintiff presented the instant check to the said payment bank, but was refused payment due to the default on payment on January 25, 2018.
C. The Plaintiff currently holds the check of this case.
[Ground of Recognition] Confession (Defendant C and Defendant E), absence of dispute, Gap evidence 1, the purport of the entire pleadings (Defendant B and Defendant D)
2. According to the facts found in the determination as to the cause of the claim, the Defendants, who are the issuers and endorsers of the instant check, are jointly obligated to pay to the Plaintiff the amount of KRW 35,000,000 and the damages for delay calculated at the rate of 15% per annum from January 25, 2018, which is the day following the date of presentment for payment (for Defendant B, September 28, 2018; for Defendant C and Defendant E, June 14, 2018; for Defendant D, August 24, 2018), to the day of delivery of a copy of the instant check (for Defendant B, June 14, 2018; and for Defendant D, August 24, 2018).
3. Defendant D’s assertion argues that, in return for receiving orders from Defendant E to work for another day, Defendant E issued the instant checks to Defendant E as loans. However, Defendant E did not return the instant checks even though he completed the said construction, Defendant E did not bear any responsibility. As such, Defendant D’s assertion argues that he was not liable.
A holder who has received a demand by a check shall have acquired the check with the knowledge that it would prejudice the debtor.