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Defendant B, Defendant E, and Defendant F together with the Plaintiff KRW 100,000,000,000:
A. Defendant B.
Reasons
1. Facts of recognition;
A. On October 25, 2008, Nonparty G issued one promissory note with the face value of 100,000,000 won at face value, and on February 20, 2009 of the date of payment, Busan Metropolitan City and the Industrial Bank of Korea at the place of payment, and one promissory note with the Bank of Korea at the place of payment (hereinafter “instant Promissory note”), and delivered it to Defendant B Co., Ltd. (hereinafter “Defendant Company”).
B. The Defendant Company endorsed on the first endorsement column of the Promissory Notes and delivered it to Defendant C (hereinafter “Defendant C”). Defendant C endorsed on the second endorsement column of the Promissory Notes and delivered it to Defendant E. Defendant E by endorsement. Defendant E endorsed on the third endorsement column of the Promissory Notes and delivered it to Defendant F. Defendant F by endorsement on the fourth endorsement column of the Promissory Notes. Defendant F endorsed endorsed on the fourth endorsement column of the Promissory Notes and delivered it to the Plaintiff.
C. When the said issuer was subject to suspension of current account transaction around November 19, 2008, the Plaintiff was refused payment on February 18, 2009, which was prior to the date of payment, on the ground of non-transaction.
The Plaintiff filed a lawsuit with the Daegu District Court 2009Kadan13665 against Defendant Company and Defendant C, E, and Defendant F claiming payment of the amount equivalent to the above amount of the bill.
E. On September 10, 2009, the court in the lawsuit, subject to the conciliation procedure, rendered a decision in lieu of the conciliation that “as to the above Defendants’ joints KRW 100,000,000,000, and damages for delay calculated at the rate of 20% per annum from the day following the due date to the day of full payment, shall be paid to the Plaintiff.” On October 24, 2009, between the Plaintiff and Defendant C, the decision in lieu of the above conciliation became final and conclusive as of September 30, 209 between the Plaintiff and Defendant F.
F. The plaintiff, the defendant company, and the defendant E did not raise an objection and the decision in lieu of conciliation became final and conclusive. The court shall re-examine the defendant company and the defendant E together with the plaintiff on December 8, 2009.