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1. The Defendants jointly combine the Plaintiff with KRW 65,00,000, and Defendant B with respect thereto, and Defendant C with respect thereto from November 1, 2018.
Reasons
1. Basic facts
A. On February 21, 2014, Defendant C drafted and delivered to the Plaintiff a copy of a promissory note with the joint issuer’s Defendants, the face value of KRW 65 million, the due date, January 21, 2016, the place of payment, and the place of payment (hereinafter “instant promissory note”).
Defendant C entered his name and the name of Defendant B in the issuer column of the Promissory Notes of this case, and affixed his seal and the seal of Defendant B next thereto.
B. On February 21, 2014, the Plaintiff and Defendant C entrusted a notary public of Law Firm D with the preparation of a notarial deed on the Promissory Notes, and Defendant C entrusted the preparation of the said notarial deed as the agent of Defendant B.
Accordingly, D made up a notarial deed of Promissory Notes No. 0095 (Evidence A; hereinafter “notarial deed of Promissory Notes No. 1”) in 2014 to the effect that “No objection is raised even if any delay in the payment of the amount of the Promissory Notes is being enforced immediately.”
C. The Plaintiff is a spouse who was married with Defendant C before divorce on January 2016.
The defendants are siblings.
[Basis] ① The ground for recognition between the Plaintiff and the Defendant: The non-contentious facts; the entries in Gap evidence 1, 2, 3, and 13; the purport of the whole pleadings; ② the entries in Gap evidence 1, 2, 3, and 13; and the purport of the whole pleadings
2. Comprehensively taking account of the facts admitted under paragraph (1) with respect to the claim against Defendant C, Defendant C, as a joint issuer of the Promissory Notes of this case, is obligated to pay to the Plaintiff the amount of KRW 65 million of the Promissory Notes of this case and damages for delay calculated at the rate of 12% per annum from July 17, 2019 to the day of full payment, following the delivery date of the original copy of the instant payment order, to the day of full payment.
3. As to the claim against the defendant B
A. Judgment 1 on the cause of the claim 1) The plaintiff's assertion 1) The defendant C is legitimate and conferred by the defendant B.