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1. The Defendant’s amounting to KRW 500,000,000, as well as to the Plaintiff’s amounting to KRW 15% per annum from March 14, 2019 to May 31, 2019.
Reasons
1. Determination on the cause of the claim
A. The Plaintiff’s recognition 1) via D, one promissory note consisting of “the issuer, Defendant, and issuance date, KRW 500 million in face value, KRW 500 million in face value, place of issuance, place of payment, and place of payment, respectively, Seoul Special Metropolitan City, the date of payment, May 29, 2016, and the Plaintiff” (hereinafter “instant promissory note”).
(2) The Plaintiff offered payment of the Promissory Notes at the above payment date, but refused payment.
[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 and 2, and the purport of whole pleading
B. According to the above findings of determination, the Defendant, as the issuer of the Promissory Notes, is obligated to pay as the issuer of the Promissory Notes KRW 500 million per annum 15% per annum pursuant to the provision on statutory interest rate under Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from March 14, 2019 to May 31, 2019, the record that the original copy of the instant payment order was served on the Defendant, as the date of the above payment, as sought by the Plaintiff, as the issuer of the Promissory Notes, and to pay damages for delay by 12% per annum pursuant to the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
2. Although the Defendant alleged that Nonparty D forged the Promissory Notes, it is difficult to acknowledge the Defendant’s defense of forgery of the Promissory Notes on the sole basis of the descriptions in subparagraphs 1 through 3, and there is no other evidence to acknowledge it otherwise.
Therefore, the defendant's defense cannot be accepted.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.