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1. Defendant B Co., Ltd. and C jointly and severally with the Plaintiff KRW 66,00,000,000 and its related thereto from September 29, 2012 to September 26, 2014.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) and Defendant C, a director of the Defendant Company, have lent one set of units and two promissory notes under the name of Nonparty Co., Ltd. (hereinafter “Nonindicted Co.”), and agreed to pay the corresponding amount prior to the due date and due date of each check.
(2) A promissory note may be issued on June 29, 2012 (hereinafter in this case, hereinafter in this case, the date of issuance)
B. On February 27, 2012, Defendant D and C jointly and severally guaranteed the payment of the equivalent amount to the non-party company at the time when Defendant B and C borrow the check from the non-party company.
C. On October 6, 2013, the non-party company transferred to the Plaintiff the remaining amount of KRW 93,900,000 remaining after deducting KRW 20,600,000 from the amount of the current share sheet and the promissory note note, and notified the Defendants of the said transfer on October 21, 2013.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 3, 4, 6, 9, and 10, all the arguments
2. Judgment on the parties’ assertion
A. According to the above facts of recognition, the Defendants shall pay to the Plaintiff, the assignee, the amount of KRW 89,500,000, which is claimed by the Plaintiff, and damages for delay from September 29, 2012, which is the final promissory note payment date sought by the Plaintiff.
B. (1) As to this, the Defendants asserted that: (a) before the Plaintiff acquired each of the claims of this case, the Plaintiff had already paid the non-party company the amount of KRW 40,000,000 to the per unit; and (b) the Plaintiff asserted that the Defendants paid the amount.