A. On September 15, 2009, the Plaintiff drafted the instant sales contract with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) that newly built and sold “D” in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “Defendant Co., Ltd.”) and “D Co., Ltd. 620 on the sixth floor for D business purposes (i.e., KRW 114,868,00 in total (i.e., KRW 72 million in the first intermediate payment of KRW 10 million in the second intermediate payment of KRW 72,868,00 in the remainder of KRW 22,868,00 in the second intermediate payment of KRW 10 million).

B. The Defendant Company prepared a deposit sheet from the Plaintiff to the effect that it received the down payment of KRW 72 million on September 15, 2009. The above deposit sheet contains the following: “The above amount is KRW 25 million, F25 million, G25 million, and million.”

After that, the Defendant Company prepared and delivered to the Plaintiff a deposit sheet to the effect that it received only KRW 20 million in total, each of the intermediate payment of KRW 10 million.

C. On November 10, 201, the Plaintiff and the Defendants agreed to terminate the instant sales contract, and agreed to deposit the amount of KRW 92 million in installments each of KRW 46 million on November 21, 201 and December 29, 201, respectively. On January 7, 2013, the Defendants confirmed that the Defendants were jointly and severally liable to pay the Plaintiff the amount of KRW 82 million, which is part of the cancellation money, by March 20, 2013.

[Ground of recognition] Facts without dispute, Gap 1 through 4 each entry (including additional numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, it is reasonable to deem that the Defendants agreed to jointly and severally pay KRW 82 million to the Plaintiff by preparing and delivering a certificate of payment of the cancellation fee to the Plaintiff on January 7, 2013.

Therefore, according to the above payment agreement, the Defendants jointly and severally agreed on KRW 82 million and the following day after the due date under the above agreement with the Plaintiff shall be 5% per annum prescribed by the Civil Act from March 21, 2013 to January 23, 2015, the final delivery date of the complaint of this case, and 5% per annum from the following day to the day of full payment.