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1. The Defendants jointly combine with the Plaintiff KRW 900,000,000, and with respect thereto, the period from February 22, 2018 to May 31, 2019.
Reasons
1. Facts of recognition;
A. Defendant B Co., Ltd. (hereinafter “B”) and Defendant D Co., Ltd. (hereinafter “D”) jointly carry out the business of constructing and selling multi-family housing (H building) 72 households (hereinafter “instant business”). Defendant C is the representative of Defendant B, Defendant E’s representative, and Defendant F is the actual operator of Defendant D.
B. On June 30, 2016, the Defendants jointly issued and delivered to the Plaintiff, an investor of the instant business, the face value of KRW 1,300,000,000, the place of issue, the place of payment, the place of payment, each Seoul Special Metropolitan City, the date of payment, the payment, the payment at sight, and the Promissory Notes (hereinafter “instant Promissory Notes”).
C. On November 2016, the Plaintiff demanded the Defendants to pay the instant promissory note amount. On January 3, 2017, the Plaintiff received KRW 400,000,000 from the Defendants.
[Ground of Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1, Gap evidence 2-2, Gap evidence 3, Gap evidence 4, Gap evidence 5, Gap evidence 7, Eul evidence 1, the purport of the whole pleadings, and the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, the Defendants, together with a joint issuer of the Promissory Notes of this case, have the obligation to pay 900,000,000 won remaining after the remainder of KRW 400,000,000, excluding the amount paid by the Plaintiff from 1,300,000,000 as the joint issuer of the Promissory Notes of this case, and to pay damages for delay at a rate of 15% per annum as prescribed by the provisions of the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from February 22, 2018 to May 31, 2019 as sought by the Plaintiff.
B. The Defendants’ assertion of this case by the Defendants on the defense of the Defendants is tenable.