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1. The Defendants jointly combine the Plaintiff with KRW 100,000,000, and as to the aforesaid, Defendant Jeong Jong Construction from June 25, 2015.
Reasons
1. Basic facts
A. On February 6, 2015, Defendant YA Construction Co., Ltd. (hereinafter “Defendant YA”) issued an electronic bill (hereinafter “instant bill”) which is a national bank at the place of payment (hereinafter “instant bill”). The payee issued the KWD Industry Development Co., Ltd. (hereinafter “Nonindicted Company”), the face value of KRW 100,000,000, and the due date.
B. The Promissory Notes was transferred in sequence to the Nonparty Company, the payee and the first endorsement, and to the Nonparty Company, the piracyPPPP, the Company E, the Defendant B, the Defendant B, the Silung Tourist Hotel, and the Defendant B (endorse 13, 2015, the date of endorsement).
C. The Plaintiff was the final holder of the Promissory Notes, and the payment was presented at the payment date of the Promissory Notes, but was refused on the ground of non-transaction.
Defendant B is the representative director of E Co., Ltd.
[Based on the recognition] Defendant Jung Jong Construction Co., Ltd.: Confession (Article 208(3)2 of the Civil Procedure Act)
2. According to the facts of the above recognition, Defendant B, the issuer of the Promissory Notes, is jointly obligated to pay to the Plaintiff, the holder of the Promissory Notes, the amount of KRW 100,000,000, and damages for delay at each rate of 20% per annum from June 25, 2015, the day following the date on which the copy of the Promissory Notes was served, and Defendant B, as claimed by the Plaintiff, from July 11, 2015 to September 30, 2015, as stipulated by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., from the day following the day on which the copy of the Promissory Notes was served, to September 30, 2015, and from the next day to the day of full payment.
In regard to this, the Defendant’s endorsement and transfer of the Promissory Notes to the Plaintiff by E Co., Ltd. (hereinafter “E”), which is not the Defendant, is not obliged for the Defendant to pay the amount of the Promissory Notes. Moreover, the Plaintiff is a discount amount of KRW 50,00,000 at the time of delivery of the Promissory Notes.