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1. The Defendants jointly share the Plaintiff KRW 100,60,149 and KRW 97,397,260 among them, from April 23, 2017 to February 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff, who is engaged in a construction material leasing business with the trade name of D, leased the construction material to Defendant B. Defendant B did not pay the rent, and the Plaintiff filed a complaint against the Defendant B in fraud. Defendant B was indicted as Jeju District Court 2015Ra119.
B. On January 7, 2016 under the criminal agreement on the instant criminal trial, Defendant B, while preparing a criminal agreement on the instant criminal case, agreed to pay KRW 120 million for the original debt amounting to KRW 50 million, and immediately paid KRW 20 million for the remainder of KRW 30 million from February 28, 2016 to KRW 100,000 each month, with the payment of KRW 50 million from February 28, 2016, upon completion of the said payment, agreed to exempt KRW 120 million for the original debt amounting to KRW 120,000,000,000,000 for the original debt amounting to KRW 12,00,000. If the payment was not made three consecutive occasions, each of the instant agreements was made invalid, and each of the instant agreements signed by Defendant C as the guarantor (hereinafter “each of the instant agreements”).
C. After Defendant B paid KRW 20 million to the Plaintiff on January 7, 2016, Defendant B did not pay the instant amount of installment payments on three consecutive occasions from February 28, 2016 to April 28, 2016, which was the first due date.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the above facts, as the Defendants failed to perform their duty to pay the installment payments in the instant notes three consecutive times from February 28, 2016, the agreement on the reduction of and exemption from, and exemption from, their obligations under each of the instant notes was invalidated, and the Defendants lost their benefit of time. Thus, barring any special circumstance, the Defendants jointly share the Plaintiff KRW 100,000 - KRW 120,000,000 for Defendant B’s previous obligation to the Plaintiff - KRW 20,000 as of January 7, 2016.