약정금
1. The Defendants jointly and severally agreed to the Plaintiff KRW 145,498,00 and Defendant B Co., Ltd. from March 12, 2019.
1. According to the purport of Gap evidence Nos. 1 through 3 as to the cause of the claim and the entire pleadings, the Defendants agreed to pay the Plaintiff KRW 155,697,40 on January 27, 2019 jointly and severally, as indicated in the grounds of the claim, without fixing the interest and the due date.
Meanwhile, the Plaintiff was paid a total of KRW 10,199,400 (i.e., KRW 100,000 on January 28, 2019) from the Defendants, with January 28, 2019, KRW 99,400 on June 10, 2019, KRW 5,000 on June 10, 2019.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the remaining agreed amount of KRW 145,498,00 (i.e., KRW 155,697,400 - KRW 10,199,400) and damages for delay calculated at the rate of 12% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 12, 2019 to the day of full payment of the agreed amount.
The Defendants asserted that the lawsuit of this case was unfair even though the Plaintiff was in advance until the time when the agreed amount was repaid, whether 1 year or 2 years or longer, but the Defendants asserted that the lawsuit of this case was filed only one month from the date of the preparation of each letter. However, since the obligation with no time is established at the same time as the obligation is due, the obligee may claim performance at any time. There is no other evidence to prove that the Plaintiff had to postpone the due date for 1 year or 2 years, and therefore, the Defendants’ assertion
2. Conclusion, the Plaintiff’s claim against the Defendants is justified.