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1. Defendants are jointly and severally liable to the Plaintiff for KRW 10 million and Defendant B with respect thereto from July 15, 2018, and Defendant C with respect thereto.
Reasons
1. As to Defendant B
A. Comprehensively taking account of the purport of the entire pleadings in Gap evidence No. 1 as to the cause of the claim, the defendants prepared and issued a promissory note with "amount: KRW 10 million on September 29, 2009, and the due date for payment" on April 30, 2010. The plaintiff and the defendants entrusted the preparation of a notarial deed to a law firm newspaper on the same day and issued it to the plaintiff. Since it is recognized that the notarial deed of a promissory note was made out on April 395 of 2009 on the same day, the defendant Eul is jointly and severally liable to pay to the plaintiff KRW 110 million and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 15, 2018 to the date of full payment, which is the day following the day on which the copy of the complaint of this case was delivered to the defendant Eul.
B. As to the Defendant B’s assertion, Defendant B did not borrow money from the Plaintiff.
However, the notarial deed itself is a disposal document proving the existence of a claim. As long as a notarial deed exists, barring any special circumstance, Defendant B, the debtor, bears the burden of proof for the absence or extinguishment of a claim stated in the notarial deed of this case, and the plaintiff, the creditor, should not prove the occurrence of a claim stated in the notarial deed of this case through other evidence. Thus, there is no evidence to acknowledge Defendant B’s assertion. Thus, the above assertion of Defendant B is without merit.
2. As to Defendant C
(a)the indication of the claim No. 1-a;
same as the entry in the subsection.
(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);
3. The plaintiff's each claim against the defendants is with merit, and it is so decided as per Disposition.