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1. The Plaintiff:
A. Defendant B shall be KRW 40,000,000 and the interest rate of KRW 15% per annum from October 12, 2016 to the date of full payment.
Reasons
1. Judgment as to the main claim
A. According to the reasoning of the judgment as to the claim against Defendant B, and the purport of Gap evidence No. 4 and all pleadings, Defendant B, on November 15, 2013, issued two promissory notes with a face value of KRW 10,000,000 and one promissory note with a face value of KRW 20,000,000 (hereinafter “each promissory note of this case”). According to the above facts of recognition, Defendant B, upon the Plaintiff’s request, is obligated to pay damages for delay at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 12, 2016 to the date following the delivery of a copy of the application for alteration of the purport of the instant claim and the cause of the claim.
B. Determination 1 on the Plaintiff’s claim against Defendant C) Defendant C jointly and severally guaranteed the obligation of each of the Promissory Notes against Defendant C.
(1) (B) The Defendants are the first floor of the building located in Seongbuk-gu, Sungnam-si, which was leased by Defendant C from the Plaintiff on May 21, 2009 (hereinafter “instant building”).
(E) Since Defendant C is jointly and severally liable pursuant to Article 57(1) of the Commercial Act for the obligations of each of the Promissory Notes in this case, Defendant C is jointly and severally liable pursuant to Article 57(1) of the Commercial Act, since Defendant C allows Defendant B to engage in the manufacture and sales business, etc. using Defendant C’s name, Defendant B is liable for each of the obligations of each of the Promissory Notes in this case.
(3) Accordingly, Defendant C is jointly and severally liable with Defendant B to pay each of the instant promissory notes and damages for delay thereof to the Plaintiff. (2) Determination as to the cause of the claim. (1) There is no evidence suggesting that Defendant C jointly and severally guaranteed Defendant B’s obligations of each of the instant promissory notes.