2. The plaintiff's remaining claims.

A. Plaintiff B filed a lawsuit of forced inheritance against Plaintiff D and E as the District Court 2016Kadan971, which was the birthee D and E, and the Defendant and F, a child of D, were the death of D while the lawsuit was pending.

B. During the process of the above lawsuit, the Defendant and F prepared a written statement of payment to the Plaintiffs that “The Defendant, F, the Plaintiff’s 45,000,000 won, and the Plaintiff’s 15,000,000 won are promised to be paid to the Plaintiff A as part of October 31, 2016,” and accordingly, the Plaintiff B withdrawn the above lawsuit.

C. The Plaintiffs filed the instant lawsuit against the Defendant seeking the agreed amount under the above payment rejection letter, and the Defendant and F paid the Plaintiffs totaling KRW 60,000,000 as the principal of the agreed amount on April 1, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. Since the part of the plaintiffs' claim for the principal of the agreed amount was paid 60,000,000 won as the principal of the agreed amount by the defendant and F, the part of the plaintiffs' claim for principal of the agreed amount is without merit.

B. The fact that Defendant and F shall pay the agreed amount to the Plaintiffs by October 31, 2016 in accordance with the above payment rejection letter is as seen earlier.

Thus, the defendant's obligation to pay the agreed amount to the plaintiffs is the obligation with the fixed due date. Thus, the defendant bears the responsibility for delay of performance from the time when the due date has arrived.

On the other hand, Article 397(1) of the Civil Act provides that the amount of damages for nonperformance of monetary obligation shall be calculated at the statutory rate. Thus, even if it is impossible to claim interest because there is no interest agreement on monetary obligation, damages for delay caused by the debtor's delay of payment can be claimed at the statutory rate.

In addition, where there are several obligees or obligors, each obligee or obligor has the right in equal ratio unless there is any special declaration of intention.