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1. The Defendants jointly and severally liable to the Plaintiff KRW 37,00,000 and Defendant B from July 1, 2018 to October 7, 2019.
Reasons
1. Basic facts
A. On December 21, 2017, the Plaintiff and the Defendants drafted a payment note (hereinafter “instant payment note”), and the details are as follows.
With respect to the case, such as the preparation of qualification-based private documents, etc. in the Gwangju District Court Maritime Court 2017 High Court 2017 High Court 463, the Defendants shall prepare a letter of payment with the intent to pay the amount to the Plaintiff under
1. In the agreement on the foregoing case on December 21, 2017, the victim Plaintiff received on December 21, 2017 the amount of KRW 20 million out of the agreed amount of KRW 60 million. 2. The payment method of KRW 40 million out of the agreed amount of KRW 20 million.
A. The Defendants shall jointly and severally pay KRW 40 million.
(b) From February 2018 to May 2021 (40 times) the amount of one million won shall be paid as at the end of each month;
C. If the above payment is delayed twice, an objection may not be raised against the payable amount immediately even if compulsory execution (such as real estate, corporeal movables, seizure of passbooks, etc.) is enforced against the imported and property of the Defendants.
B. From February 2018 to April 2018, the Defendants paid only KRW 3 million out of the total amount of KRW 40 million as stipulated in paragraph (2) of the instant payment note to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendants did not perform their duty to pay KRW 1 million each to the Plaintiff on May 31, 2018 and June 30, 2018, and Article 2-3 of the Notice of Payment in this case.
Pursuant to Paragraph 1, 2018, the Defendants are obligated to pay the amount of KRW 37 million payable to the Plaintiff on July 1, 2018 (i.e., the amount of KRW 40 million as stipulated in Paragraph 2 of this case - the Defendants paid to the Plaintiff).
B. Therefore, according to the instant payment memorandum, the Defendants jointly and severally and severally filed with the Plaintiff with the Plaintiff from July 1, 2018 to October 7, 2019, on which the original copy of the instant payment order was served against the Defendant B.