beta
Text
1. Defendant C shall pay 5,00,000 won to the Plaintiff and 15% per annum from April 12, 2018 to the day of full payment.
Reasons
1. As to the claim against the defendant C
A. Comprehensively taking account of the respective descriptions of evidence Nos. 2, 3, and 3 and the purport of the entire pleadings, it is recognized that Defendant C, who was engaged in the clothing sales business in the D market, had the obligation to pay to the Plaintiff in connection with the transaction, and that, on May 5, 2014, issued a promissory note with the maturity of KRW 55,00,000 at face value as of May 5, 2017 to F, the Plaintiff’s representative director, and that, on November 3, 2017, paid part of the debt by November 30, 2017, paid part of the debt amount to the Plaintiff and the remainder of the money will be repaid thereafter.
B. According to the above facts, Defendant C promised to pay KRW 55,00,000 to the Plaintiff with the issuance of promissory notes and the written statement of payment of goods.
(The plaintiff's assertion that the cause of the claim for the price of goods is included in this claim) C.
Accordingly, pursuant to this undertaking, Defendant C is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from April 12, 2018 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff, as the repayment period of the Plaintiff’s 55,000,000 won and the day of full payment.
2. As to the claim against the defendant B
A. The money claimed by the Plaintiff is the price for the goods that the Defendant C assumed in the course of operating the E, and the Defendant B, as the husband and wife of the Defendant C, operated the E as a partnership, has a duty to pay the said money jointly and severally with the Defendant C.
In addition, since the promissory note in the face value of KRW 55,00,000 issued by Defendant C is endorsed by Defendant B, there is a duty to pay the promissory note as an endorser.
The above grounds for the selective claims are asserted as grounds for the selective claims.
B. The Plaintiff’s ground of claim as to the assertion of liability as an endorser of a promissory note is the Defendant’s promissory note issued by Defendant C.