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1. Defendant B’s KRW 80,000,000 as well as 5% per annum from September 21, 2016 to January 17, 2017 to the Plaintiff.
Reasons
1. Determination as to the plaintiff's claim against the defendant B
(a)the indication of the claim is as shown in Appendix 1;
(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;
C. Part 1) 5,00,000 won part of the claim is asserted to the effect that the contract amount to be paid by Defendant B pursuant to the agreement (Evidence A) is KRW 80,000,000. However, the above agreement (Evidence A 1) is stated as “lurcheon-Ma million” (attached Form 2). The submitted evidence alone exceeds the minimum amount of KRW 75,000,000, which is the maximum amount stipulated in the above agreement, and there is no evidence to prove that Defendant B agreed to pay the whole amount of KRW 80,000,000, which is the maximum amount of KRW 75,000,000, and the remaining amount of KRW 5,000,000 is dismissed.2) The part of the claim for late payment damages is dismissed. However, the evidence submitted by the former agreement between June 29, 2015.
Inasmuch as it is insufficient to recognize that the Plaintiff filed a claim for performance before June 29, 2015 with Defendant B, the Plaintiff does not accept the claim for damages for delay from June 29, 2015 to the delivery date of a copy of the instant complaint, and it is reasonable to recognize damages for delay from September 21, 2016, which is the day following the delivery date of a copy of the instant complaint.
Therefore, Defendant B is obligated to pay to the Plaintiff the agreed amount of KRW 80,00,000 and damages for delay calculated at the rate of 5% per annum under the Civil Act from September 21, 2016 to January 17, 2017, which is the day following the delivery of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. Determination as to the Plaintiff’s claim against Defendant C
A. Basic facts 1) The written agreement dated February 25, 2015 with Defendant B as “A”, “B”, and Defendant C as “sick” (A.).