A. On November 10, 2004, the Plaintiff paid KRW 300 million to the Defendants under the pretext of investment in the commercial sales agency business in Jung-gu Seoul Metropolitan Government D.

B. On May 8, 2005, the Defendants prepared and issued to the Plaintiff a receipt stating that “the Defendant borrowed KRW 600 million from the Plaintiff on May 8, 2005, and would assume any civil or criminal responsibility when the Defendants are unable to repay the above amount.”

C. In addition, on May 8, 2005, the Defendants: (a) transferred to the Plaintiff the Defendants’ claims against E, F, and G and the claim for the refund of the deposit for the HH building in Overcheon-si; and (b) drafted and delivered an agreement with the Defendants to deduct the amount collected from each of the above claims from the Defendants’ loan obligations.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1-2, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, it is reasonable to view that the Defendants agreed to settle the Plaintiff’s investment amount and interest as of November 10, 2005 and pay KRW 600 million to the Plaintiff on May 8, 2005. Thus, the Defendants jointly and severally are liable to pay to the Plaintiff the agreed amount of KRW 60 million and its interest at a rate of 20% per annum from June 4, 2015 to September 30, 2015, which is the day following the date when the Plaintiff demanded the payment of the original copy of the instant payment order through the service of the original copy of the instant payment order, and damages for delay calculated at 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

Although the Plaintiff claimed damages for delay from May 9, 2005, the day following the above agreed date, the evidence submitted by the Plaintiff alone cannot be deemed to have agreed between the Plaintiff and the Defendants on the due date of payment of the above agreed amount, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s service of the original copy of the instant payment order.