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1. The Defendants jointly combine with the Plaintiff KRW 50,000,000, and with respect thereto, the period from September 20, 2016 to February 15, 2017.
Reasons
1. Facts of recognition;
A. On January 28, 2015, Defendant B issued and delivered to Defendant C one promissory note (hereinafter “instant note”) comprised of “The face value 50,000,000 won in face value, Seoul, the place of payment, the place of payment, the lower branch of the Bank, the place of payment, the due date of March 31, 2015, the place of issuance, the issue date of January 28, 2015, and the issuer B”; Defendant C endorsed and delivers the instant bill to Defendant D, and Defendant D delivers the instant bill to the Plaintiff on February 2, 2015.
Defendant C and Defendant D exempted the addressee of the bill from the preparation of a protest.
B. The Plaintiff presented a payment proposal at the place of payment, but was refused to pay the instant bill.
C. The duplicate of the instant complaint was served on September 19, 2016 on Defendant B.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, witness E's testimony, defendant Eul's personal examination result, the purport of the whole pleadings
2. Determination
A. According to the above findings of the determination as to the cause of the claim, Defendant B is the issuer of the Promissory Notes, and Defendant C and D are the endorser of the Promissory Notes, and they are jointly and severally liable to pay damages for delay from the day after the date of presentment of payment of the Promissory Notes and the day of full payment.
(Articles 77, 78, 28, and 47 of the Bills of Exchange and Promissory Notes Act. Since the Plaintiff presented the bill of this case to Defendant B on September 19, 2016, which is the delivery date of a copy of the bill of this case, the Plaintiff is obligated to pay to the Plaintiff 50,000 won in combination with Defendant B, Defendant C, and Defendant D, as requested by the Plaintiff, 5% per annum from September 20, 2016 to February 15, 2017, which is the day following the last delivery date of the copy of the bill of this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
The Plaintiff claimed damages for delay from March 31, 2015, which is due date, but Defendant B Co., Ltd. has a duplicate of the instant complaint.