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1. Defendant C and D Co., Ltd. jointly share KRW 100,000,000 with respect to the Plaintiff and the Plaintiff from June 14, 2012.
Reasons
1. Facts of recognition;
A. Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company mainly engaged in housing construction business, real estate management business, etc. (an order to dissolve December 11, 2017) and Defendant C Co., Ltd (hereinafter “Defendant C”) is a company mainly engaged in an engineering work business, building work business, etc. (hereinafter “Defendant C”).
B. The Plaintiff lent business funds to the Defendant C. On June 28, 2012, the Plaintiff issued one promissory note number F and the issuer C, face value 200,000,000 won, E branch offices with payment place corporation, and one promissory note number F and the issuer, Defendant C, face value 20,000,000, E branch offices with payment place, due date, and one promissory note number E in the bill number G (hereinafter “instant promissory note”) on June 14, 2012, and Defendant D endorsed endorsed each of the instant promissory note.
C. The Promissory Notes in this case was disposed of on June 14, 2012 and June 28, 2012, which was due date.
[Ground of recognition] Evidence Nos. 1-1, 3, and 4-1 and 2-2, the purport of the whole pleadings
2. According to the above facts finding as to each of the claims against Defendant C and D, Defendant C borrowed funds from the Plaintiff and issued the Promissory Notes for the payment of the above borrowed funds, and Defendant D has endorsed the Promissory Notes in the purport that Defendant C guaranteed the obligation of Defendant C. Thus, the Defendants are liable to pay the Plaintiff the borrowed funds with the relation to the cause of the instant Promissory Notes.
However, upon the Plaintiff’s partial claim, the Defendants jointly seek KRW 100,000,00 for the Plaintiff and the delivery date of a copy of the instant complaint from June 14, 2012, which was the first due date among the Promissory Notes, to the Plaintiff. Defendant C, the delivery date of a copy of the instant complaint, shall be January 31, 2019; Defendant D, 5% per annum as prescribed by each Civil Act until March 8, 2019; 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day until May 31, 2019; and 12% per annum from the next day to the date of full payment.