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1. Defendant C:
(a) KRW 15,00,000 and for this, 5% per annum from March 10, 2015 to December 22, 2015.
Reasons
1. Comprehensively taking into account the Plaintiff’s written evidence No. 1 of the Plaintiff’s claim against Defendant C, Defendant C may be deemed to have agreed to repay KRW 36,00,000 to the Plaintiff on June 28, 2013, with KRW 500,000 per month from July 2013 to December 2013, and KRW 1,00,000 per month from January 2014 to December 2014, and the remainder amount ( KRW 21,00,000) by December 30, 2015 (hereinafter “instant agreement”). As such, Defendant C is obligated to pay to the Plaintiff installment payments and damages for delay pursuant to the instant agreement.
First, on October 20, 2015, which is the closing date of pleadings, the health care unit for the portion paid from July 2013 to December 2014, 2014; Defendant C is obligated to pay the Plaintiff the aforementioned amount of KRW 3,000,000 (=50,000 x six months from July 7, 2013 to December 2013) and 12,000,000 (=1,00,000 x x 12 months from January 2014 x 12 months from December 2014) with respect to the amount of KRW 15,00,000,000 from the day following the day on which the complaint of this case was served to December 12, 2014; Defendant C is obligated to pay the Plaintiff delay damages at the rate of 15,000 per annum from the day following the day of service of the complaint of this case until December 25, 2015.
Next, according to the above facts, with respect to the portion of payment until December 30, 2015 for which the maturity date has not yet arrived as of the closing date of pleadings, Defendant C is obligated to pay the Plaintiff the remainder of KRW 21,000,000 until December 30, 2015, and in light of the fact that the above portion of payment has not yet arrived but the above Defendant failed to perform the installment payment obligation under the agreement of this case, it is difficult to expect voluntary performance to the above Defendant, and it is necessary to claim it in advance as a lawsuit for future performance.
The plaintiff claimed for the payment of damages for delay against the above 21,00,000 won, but this part of the payment has not arrived as of the closing date of the pleading.