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1. The Defendants jointly do not pay to the Plaintiff KRW 140,850,000 and the interest rate thereon from December 27, 2016 to the date of full payment.
Reasons
1. As to the cause of the claim, Defendant B issued and delivered a promissory note of KRW 140,850,000 in total face value to Defendant C over 40 times from February 16, 2015 to August 25, 2015, and Defendant C received discount from the Plaintiff by endorsement on each of the said promissory notes, and all of the promissory notes were refused to be paid at the due date. The fact that the Defendants are liable for the payment of KRW 140,850,00 in total face value to the Plaintiff is not disputed between the parties, or that the Defendants are liable for the payment of KRW 140,850,00 in total at face value to the Plaintiff, based on the entire purport of the pleadings as indicated in the evidence No. 1
Therefore, the Defendants are jointly obligated to pay to the Plaintiff the sum of KRW 140,850,00 in total face value of promissory notes, and damages for delay calculated by the rate of 15% per annum from December 27, 2016 to the date of full payment, which is the day following the last delivery of the original original copy of the instant payment order, which the Plaintiff seeks.
2. As to the Defendants’ assertion, on July 13, 2017, the Defendants: (a) acknowledged the fact that the promissory note amount that was not paid to the Plaintiff through the attorney at the date of pleading constituted 140,850,000, and led to the confession; (b) subsequently, the Defendants sought a grace period and installment repayment, thereby referring it to the conciliation procedure.
The confession is revoked by asserting that the Defendants paid KRW 20,50,000 out of KRW 140,850,000 of the Promissory Notes, which was reversed through the legal brief dated October 18, 2017. However, there is no evidence to acknowledge that the confession made by the Defendants is contrary to the truth and due to mistake, and thus, the revocation of confession by the Defendants cannot be allowed.
3. Conclusion, the plaintiff's claim is justified and acceptable.