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1. Defendant B shall pay to the Plaintiff KRW 270,00,000 as well as 30% per annum from March 17, 2010 to the date of full payment.
Reasons
1. Facts of recognition;
A. Defendant B is the actual operator of D Co., Ltd. (hereinafter “D”) who is engaged in luminous glass manufacturing and wholesale business, retail business, special sirens and processing business, etc., and Defendant C is the representative director of D.
B. On January 14, 2008, the Defendants signed and sealed each of them as joint and several sureties on the loan certificates stating “The above amount is KRW 100,000,000,000,000,000,000,000, and the above amount is borrowed to A: the borrower: D (hereinafter “the first loan certificates”).
C. Defendant B prepared to the Plaintiff a loan certificate stating “I, on December 16, 2009, borrowed the above amount on a fixed basis, with three copies per month, and agreed I, on repayment on March 16, 2010 (hereinafter “the second loan certificate of this case,” and “I, on the aggregate of the first and second loans of this case, each of the instant loans”).
D A. On October 21, 2009, an issuer, AB, E, face value 270,000,000 won, and one public day-to-day Contact Co., Ltd. (hereinafter “Japan-to-day Contact”), and a promissory note (hereinafter “instant promissory note”) as of March 16, 2010, were delivered to the Defendant B, and then delivered the instant promissory note to the Defendant B. The Defendant B endorsed the instant promissory note in the name of Defendant B, and then delivered it to the Plaintiff.
E. Meanwhile, the Promissory Notes of this case was rejected due to the default on March 16, 2010, which was due date for payment.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4, Eul evidence 1, the purport of the whole pleadings
2. The assertion of the parties and their determination
A. The plaintiff's assertion 1 of the parties concerned ① Upon the request of the defendant B, the plaintiff lent to D KRW 13 million on December 18, 2006, KRW 28160,000 on November 12, 2007, KRW 20 million on December 12, 2007, and KRW 20 million on December 14, 2007. The defendant B additionally lent KRW 25 million on January 14, 2008.