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1. The Defendants jointly and severally agreed with the Plaintiff KRW 47,00,000 and 5% per annum from July 24, 2013 to May 1, 2014.
Reasons
1. On November 5, 2009, when the Plaintiff operated D Co., Ltd. (hereinafter referred to as the “instant maintenance shop”) with the Defendants and the Defendants as the same business, the Plaintiff transferred the Plaintiff’s share in the said maintenance shop to the Defendants KRW 580 million. The Defendants paid the Plaintiff a sum of KRW 300 million in total the down payment and the intermediate payment pursuant to the said contract, and the Plaintiff paid the Plaintiff a sum of KRW 4952 million in lieu of the Plaintiff’s previous obligation, and thereafter, on March 9, 2010, concluded an agreement between the Plaintiff and the Defendants to settle the remainder of the maintenance shop (hereinafter referred to as the “instant settlement amount”) at KRW 160 million in total. There is no dispute between the parties.
Meanwhile, the Plaintiff calculated the claim amount of this case by deducting the total sum of KRW 21 million from the settlement amount of this case, while the Defendants repaid the Plaintiff’s meal expenses liability of KRW 13 million for E and the amount of KRW 8 million for F.
However, as seen earlier, the Defendants asserted that the amount of subrogated payment to F is KRW 10 million. However, the Plaintiff did not reduce the amount of the claim even when it stated to the effect that the Defendants did not dispute the said assertion on the date of the first pleading of this case.
Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 139 million, which is the balance of the instant settlement amount (i.e., KRW 160 million - KRW 21 million) and damages for delay from the day following the day on which a copy of the instant complaint was requested by the Plaintiff to perform the said settlement amount.
The plaintiff is claiming for the payment of damages for delay from January 1, 2010, which is the day following the payment date of the acquisition price as stipulated in the above acquisition agreement.
However, the facts that the Plaintiff and the Defendants newly settled the above acquisition price on March 9, 2010 are as seen earlier, and at the time of the above settlement agreement.