기타(금전)
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from December 31, 2015 to the date of full payment.
1. Comprehensively taking account of the overall purport of evidence Nos. 1 and 2 as to the occurrence of the obligation to pay money, the Plaintiff (Appellant) and the Defendant B (Defendant Defendant B) received KRW 20 million from Defendant B, and Defendant B paid KRW 50 million to the Plaintiff up to December 30, 2015. In the future, Defendant B would transfer the Plaintiff’s claim amounting to KRW 50 million owned by Defendant B by December 30, 2015 to the Plaintiff by December 30, 2015. The Plaintiff prepared a written confirmation that “The Plaintiff will transfer the claim amounting to KRW 50 million to the Plaintiff by December 30, 2015,” and the Defendants’ joint and several debt assignment amounting to KRW 20,000,000,000,000,000,0000,000,0000,000,000,000,000,000,00.
According to the above facts, Defendant B and the Defendant Company, the principal debtor of the above contract and its joint guarantor, jointly and severally, are jointly and severally liable to pay to the Plaintiff the above KRW 50 million and the damages for delay of contract from December 31, 2015 (the next day of December 30, 2015, the execution date under the above agreement, which is the execution date under the above agreement), the Plaintiff sought payment of damages for delay of contract from October 21, 2015, which is the day following the execution date of the above agreement. However, according to the terms of the above agreement, the damages for delay of contract shall accrue from December 31, 2015, which is the day following the above payment date, and therefore, the Plaintiff is liable to pay damages for delay calculated at the rate of 24% per annum, which is the interest rate for delay of contract damages from D to the day of full payment.
2. The Defendants asserted that ① the Plaintiff refused to receive the Defendants’ claims against D and the said assignment of claims did not occur.