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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 163,400,000 and the interest rate thereon from December 31, 2016 to the date of full payment.
Reasons
1. The following facts of recognition are not disputed between the parties, or may be acknowledged upon a comprehensive consideration of the whole purport of the pleadings in each entry in Gap evidence 1 to 4:
While the Defendants were unable to repay the principal and interest of the loan borrowed from the Plaintiff on September 25, 2014, the Defendants agreed to determine the principal and interest of the loan as KRW 200 million, and jointly and severally, up to September 30, 2014, KRW 20 million out of the above KRW 200 million, KRW 80 million out of the above KRW 200 million up to October 30, 2014, and KRW 100 million out of the above KRW 200 million up to November 30, 2014, respectively.
B. The Defendants paid only KRW 36.6 million to the Plaintiff, and did not pay the remainder KRW 163.4 million to the Plaintiff.
2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder 163.4 million won remaining after the payment of part of the above agreed amount, and damages for delay calculated at the rate of 15% per annum from December 31, 2016 to the date of full payment, which is the following day after the copy of the complaint of this case is served on the Defendants.
As to this, the Defendants repaid the amount of KRW 127.2 million out of the agreed amount of KRW 20 million.
Although asserting that an agreement has been reached with a bond-based corporation or a bond-based corporation, there is no evidence to prove that the payment was made in excess of the above amount recognized by the plaintiff, and there is no evidence to prove that there was an additional agreement with the plaintiff on the above agreed amount
(3) The plaintiff's claim of this case is justified, and it is so decided as per Disposition by the assent of all. The plaintiff's claim of this case is justified.