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1. The Plaintiff:
(a) Defendant B and C jointly KRW 96,000,000;
B. Defendant D in collaboration with Defendant B.
(b).
Reasons
1. Facts of recognition;
A. Defendant B issued, on March 15, 2006, one promissory note with the face value of 48 million won, the due date on July 31, 2006, the Busan Metropolitan City at the place of payment and the place of payment (hereinafter “instant one Promissory note”), the face value of 48 million won at the face value on May 30, 2006, the due date on October 15, 2006, the Busan Metropolitan City at the place of payment, and the place of payment (hereinafter “instant two Promissory Notes”), respectively, at the Gu branch of the Bank of Korea (hereinafter “instant two Promissory Notes”).
B. The bill of this case 1 was endorsed and transferred from the case to the Plaintiff via Defendant C, Defendant D, E, and F, respectively, and the Plaintiff holds it at present.
C. The instant bill 2 was endorsed and transferred from the case to the Plaintiff via Defendant C and F, and the Plaintiff is currently holding.
The Plaintiff presented each of the instant bills 1 and 2 at the place of payment (hereinafter “each of the instant bills”) at the time of the date of payment, but was refused to pay all of them.
E. Accordingly, the Plaintiff filed a lawsuit claiming the amount of promissory notes against the Defendants as Seoul Central District Court Decision 2007Kadan278438, and the judgment was rendered on January 9, 2008, and the above judgment became final and conclusive around that time.
[Reasons for Recognition] Evidence A 1-2, the purport of the whole pleadings
2. According to the facts of the above recognition, Defendant B is obligated to pay each of the delay damages calculated at the rate of 20% per annum as stipulated in the Bills of Exchange and Promissory Notes Act from October 16, 2006 to November 6, 2007 with respect to the amount of 48 million won and each of the above amounts, together with Defendant B, as an endorser of each of the above bills, to the Plaintiff jointly with the endorsers of each of the above bills, and the amount of delay damages calculated at the rate of 96 million won per annum as stipulated in the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
As to this, Defendant C only lent each of the instant bills.