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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 50,000,000 and the Defendant Cheong forest test from February 7, 2009.
Reasons
1. Facts of recognition;
A. In order to secure the payment of loans to Defendant Cheongchic Co., Ltd. (hereinafter “Defendant Co., Ltd”), the Plaintiff issued one promissory note (i.e., 0586969) on July 22, 2008 on July 22, 2008 from the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”). However, the said promissory note was in arrears on November 18, 2008.
B. After that, on December 27, 2008, the Plaintiff received from the Defendant Company a promissory note note payment note, promising to pay KRW 50 million by February 7, 2009 (hereinafter “instant payment note”). At that time, Defendant B guaranteed the Plaintiff to pay the Defendant Company’s debt to the Plaintiff.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 50 million under the letter of payment in this case and the damages for delay calculated at each rate of 20% per annum from February 7, 2009 to October 28, 2014, Defendant Company B is liable to pay to the Plaintiff the amount of KRW 50,000,000 according to the letter of payment in this case, and the copy of the complaint in this case from February 7, 2009 to October 28, 2014, Defendant B is liable to pay to the Plaintiff the damages for delay calculated by
3. Determination as to Defendant B’s assertion
A. As to this, Defendant B agreed that the instant letter of payment was invalid if it was registered as a provisional attachment in the name of the Plaintiff on the building owned by the Defendant Company, and thus, the Plaintiff cannot file a claim pursuant to the instant letter of payment. However, it is true that the Plaintiff completed the registration of provisional attachment of KRW 50 million with respect to the size of 61-3 large 10,701 square meters owned by the Defendant Company, Kim Jong-dong, Kim Jong-dong, Kim Jong-si, the Defendant Company, but it is insufficient to recognize that there was an agreement as alleged by Defendant B solely on the above facts.
B. In addition, Defendant B paid to the Defendant Company by the Plaintiff.