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1. The Defendants jointly and severally liable to the Plaintiff KRW 131,00,000 and Defendant B with respect thereto from July 9, 2015, and Defendant C with respect thereto.
Reasons
1. Under recognition of facts, facts are recognized in accordance with the purport of the entire pleadings in each entry of Gap evidence Nos. 1 and 2 (including paper numbers).
A. On March 21, 2011, the Plaintiff sold the above D Building Nos. 202 to Defendant B in KRW 171,000,000, and the Plaintiff completed the registration of transfer of ownership in Defendant B’s name on March 25, 2011, and handed over the said real estate.
From February 22, 2011 to May 20, 2011, Defendant B paid to the Plaintiff a total of KRW 115,000,000 as the purchase price, and the remainder payment date under the contract is July 30, 201.
On the other hand, the defendant C was the husband of the defendant B, and the defendant B purchased the above 202 for residential purpose.
B. On April 14, 201, the Plaintiff sold the above D Building 401 to E in KRW 178,000,000, and delivered the above real estate upon completing the registration of transfer of ownership in the name of E on April 15, 2011, but the mother of Defendant B used the above 401.
E paid 103,00,000 won to the Plaintiff from April 15, 2011 to June 30, 2011. The contractual remainder payment date is July 30, 2011.
C. On March 19, 2012, the Defendants and E drafted a written statement of KRW 131,00,000 payable (i.e., KRW 171,000,000, KRW 115,000,000, KRW 4015,000, KRW 178,000,000, KRW 103,000) to the Plaintiff.
2. According to the above facts of determination, it is reasonable to view that the Defendants made up the above form of a letter as a joint and several liability against the Plaintiff with respect to the amount payable under each of the instant sales contract. As such, the Defendants jointly and severally paid to the Plaintiff the amount of KRW 131,00,000 and damages for delay calculated at the rate of 20% per annum from July 9, 2015 to September 30, 2015, Defendant B as the date when the complaint of this case reached the Defendants, as the Plaintiff seeks, on the record, is the day after the date when the complaint of this case reached the Defendants, and Defendant C paid damages for delay calculated at the rate of 15% per annum from the following day to the date of full payment.