약정금
1. The Defendants jointly share KRW 150,000,000 with respect to the Plaintiff and the period from October 11, 2009 to January 23, 2018.
1. The Plaintiff paid KRW 150,000,000 to Defendant C for the following reasons: (a) the Plaintiff paid KRW 150,000,000 from Defendant C by taking account of the overall purport of the pleadings; and (b) the Plaintiff sold KRW 200,000,000 to the Plaintiff after purchasing and developing the land from Defendant C; (c) the Plaintiff paid KRW 150,000,000 to Defendant C; (d) the Plaintiff paid KRW 150,000,000 to Defendant B; and (e) the Plaintiff failed to develop the land from the Defendant; and (e) the Plaintiff demanded the return of KRW 150,00,000 to the Defendants on September 9, 209, the Plaintiff issued a promissory note to the Plaintiff with a face value of KRW 150,000,000,000 to the Plaintiff.
According to the above facts, the defendants agreed on September 9, 2009 that the plaintiff paid 150,000,000 won to the plaintiff on September 9, 2009 shall be returned to the plaintiff until October 10, 2009.
Therefore, the Defendants jointly have a duty to jointly pay to the Plaintiff 150,000,000 won and the amount calculated by the ratio of 5% per annum as stipulated in the Civil Act from October 11, 2009, which is the following day after the due date, to January 23, 2018, the sentencing date of this case, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
The Plaintiff sought payment of KRW 200,000,000 against the Defendants and damages for delay. However, the Plaintiff’s written evidence No. 2 is insufficient to acknowledge that the Defendants are liable to pay KRW 200,000,000 to the Plaintiff on the sole basis of the written evidence No. 2.
When Defendant C received KRW 150,000,000 from the Plaintiff, the fact that Defendant C intended to pay KRW 200,000 to the Plaintiff is that it would develop and sell the instant land and pay it as the price.