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1. Defendant E and F are jointly and severally liable to Plaintiff A for KRW 180,256,438 and its related amount from December 20, 2016 to July 20, 2017.
Reasons
1. The plaintiffs' assertion
A. Plaintiff A1) Plaintiff A and Defendant E (hereinafter “Defendant E”)
(1) On March 18, 2007, there seems to be a clerical error in 145 through 149 and 1543 of the I building located in Gyeyang-gu Incheon, Gyeyang-gu, Incheon. The sale price for the six units (six units) is 2,200,000,000 won and the sales contract is concluded (hereinafter “one contract”).
(2) On June 19, 2009, Defendant E entered into a sales contract with the sale price of KRW 1,400,000 for the said I building at KRW 1,400,000 (four units) and KRW 1,400,00 for the said I building at KRW 125 through 128 (four units) (hereinafter “2 contract”).
(3) On April 15, 2010, the sales contract was concluded by setting the sales price of KRW 750,000,000 with respect to the I building 124 and 152 (two units) on April 15, 201 (hereinafter “three contracts”).
(2) Defendant E paid KRW 625,00,000 to Defendant E, respectively. (2) Defendant E agreed to complete the I building by June 30, 2009 at the time of the 1 and 2 contracts, and, if the completion is delayed, Defendant E paid the penalty for delay calculated at the rate of 24% per annum from June 30, 2009 to the date of completion. At the time of the 3 contracts, Defendant E decided to complete the I building by September 30, 2010, and paid the penalty for delay calculated at the rate of 24% per annum from September 30, 2010 to the date of completion.
3) Defendant F jointly and severally guaranteed the Defendant E’s payment agreement for liquidated damages for delay on September 16, 2013. As such, Defendant F is liable to pay liquidated damages according to the agreement for liquidated damages for delay, and Defendant F is jointly and severally liable to pay the same amount as Defendant E, a joint and several surety.
The penalty for delay under the contract 51 and 2 shall be 2,817,567,123 won per annum from June 30, 2009 to September 16, 2013, calculated by 24% per annum from September 30, 2013 with respect to the aggregate of 2,782,50,000,000 won received by Defendant E, and the penalty for delay under the contract 3 shall be 625,00,000 won per annum from the aggregate of the sales proceeds received by Defendant E.