양수금
1. The Plaintiff:
A. Defendant A shall complete the payment of KRW 370,140,581 and KRW 96,972,568 among them from January 23, 2019.
1. The facts in the separate sheet concerning the cause of the claim (Provided, That the amount of principal, interest, or delay damages referred to in paragraph (1) shall be based on January 22, 2019, and the interest rate applicable after January 22, 2019, which was finalized in each prior ruling, shall be 20% per annum) may be acknowledged by considering the overall purport of the pleadings in each statement in subparagraphs 1 through 3 above.
Therefore, barring any special circumstance, Defendant A is obligated to pay damages for delay calculated at the rate of 12% per annum to the Plaintiff who acquired the claim for the amount of indemnity finalized by the preceding judgment, and to pay damages for delay calculated at the rate of 29,674,098 out of the said amount and 46,614,017 out of the said amount as well as damages for delay calculated at the rate of 12% per annum from January 23, 2019 to the date of full payment. Defendant B is jointly and severally liable to pay damages for delay calculated at the rate of 12% per annum from January 23, 2019 to the date of full payment.
2. Judgment on the defense
A. First, the Defendants asserted to the effect that, even though the Plaintiff agreed to reduce the principal amount by 70% through the debt collection team on November 2015, claiming the original claim as it is unreasonable.
In addition to each statement of evidence Nos. 4 and 5 (including each number), Defendant A is recognized as having agreed to reduce or exempt the remainder from the original amount of the debt if the Plaintiff paid out in installments according to the agreement on Oct. 6, 2015 upon the Plaintiff’s request for the installment repayment of each of the respective obligations of this case on or around October 6, 2015. Meanwhile, Defendant A consented to the loss of profits from division and reduction and exemption if the Plaintiff failed to pay in installments three or more times at the time of the agreement, and Defendant A was found to have defaulted three or more times after May 2017. Thus, Defendant A paid the remainder of the amount calculated by subtracting the repayment from the original amount of the debt as the profit from division and reduction and exemption was lost.