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1. The Defendants are jointly and severally liable to the Plaintiff for 40,000,000 won and 25% per annum from March 30, 1994 to May 31, 2003.
Reasons
1. Basic facts
A. The Plaintiff was issued and delivered from D Co., Ltd. 1 on March 26, 1993; face value 20,000,000; face value 20,000,000 at issue value; and the number of shares per share at the same branch on behalf of the Bank of Korea, Daegu-si, the drawee; and the issuance date of April 9, 1993; face value 20,000,000; and the place of issuance and one of the above shares of the payer.
Although the plaintiff presented the above number of shares lawfully, it was refused to pay.
B. Around November 23, 1993, the Plaintiff agreed that E and E, the representative director of D Co., Ltd., shall pay the Plaintiff KRW 40 million in installments from January 25, 1994 to KRW 500,000 each month, and if so, they shall lose the benefit of time.
The Defendants jointly and severally guaranteed the above payment obligation to the Plaintiff at the time.
C. The Plaintiff asserted that E did not pay KRW 5 million on January 25, 1994 and lost the benefit of time, and filed a lawsuit against the Defendants seeking payment of the said amount under the Daegu District Court 94Da13593.
The defendants did not appear at the date of pleading while being summoned due to service by public notice in the above lawsuit, or failed to submit written answers and other preparatory documents, and the judgment in favor of the plaintiff was rendered on May 31, 1994 and the same year.
7.1. Finality: D.
The Plaintiff filed a suit against the Defendants seeking payment of the same amount as Daegu District Court 2004Kadan47687.
In the above case, the lawsuit was pending by service by public notice, and the judgment of winning the plaintiff was rendered on December 10, 2004, and it was finalized on January 7, 2005.
[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. Claim against Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).
3. Determination as to the claim against Defendant C
A. According to the basic facts, Defendant C is jointly and severally liable with Defendant B to pay the Plaintiff KRW 40 million and its delay damages, barring any special circumstance.
B. Defendant C is the Plaintiff.