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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 125,00,000 and 24% per annum from January 1, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. D is a person registered as the representative director of E Co., Ltd. (hereinafter “E”), and according to the overall purport of Gap’s statements and arguments as to evidence Nos. 1, 2, and 4, D appears to have been registered as the representative director of E Co., Ltd. at least during the period from 2009 to 2012;
The defendants are legally married couple, and they have the above D as children under their chains.
B. E, around October 2009, issued three copies of the face value of KRW 130 million in total and KRW 55 million in face value of KRW 55 million in total and delivered them to the Plaintiff’s side.
C. At February 2012, E issued two promissory notes with a total of KRW 135 million in face value of KRW 110 million in face value of KRW 25 million in face value of KRW 135 million (in total, around October 2012; hereinafter “first Promissory Notes”) and delivered them to the Plaintiff. In addition, E issued one promissory note with a face value of KRW 49 million in face value of KRW 49 million issued by the F Co., Ltd. (hereinafter “second Promissory Notes”) on the Plaintiff’s side, as well as issued one promissory note with a face value of KRW 84 million in face value of KRW 35 million (on March 2013; hereinafter “instant Promissory Notes”) and additionally delivered them to the Plaintiff’s side.
Then, on December 31, 2012, the Defendants: (a) jointly signed and delivered to the Plaintiff each of the two copies of “the instant loan certificates” (hereinafter collectively referred to as “each of the instant loan certificates”); and (b) each of the above loan certificates is the principal 268 million won on the Plaintiff’s side (i.e., KRW 184 million (= KRW 84 million) to repay the Plaintiff’s total amount by December 31, 2013; and (c) the detailed description and form thereof are as shown in the attached Tables 1 and 2.
E. Meanwhile, E issued and delivered to the Plaintiff.