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1. As to Defendant B’s KRW 104,80,000 and KRW 4,800,00 among them, Defendant B shall be from November 17, 2007, and KRW 100,00,000.
Reasons
1. Basic facts
A. A. Around May 2007, the Plaintiff filed a complaint against Defendant B with fraud and larceny. In return for the cancellation of the complaint, the Plaintiff entered into an agreement with Defendant B to receive KRW 200 million from Defendant B as agreed money (hereinafter “instant agreement”) (hereinafter “instant agreement”) and revoked the complaint against B.
B. On October 16, 2007, Defendant C, a general partner of Limited Partnership D (hereinafter “D”) issued a promissory note with the name of D as proxy, ① a promissory note with the cause of par value 100 million (hereinafter “first promissory note”) and ② a promissory note with the cause of par 100 million (hereinafter “second promissory note”) on January 16, 2008 due date. On October 18, 2007, an authentic deed with respect to each of the said promissory notes (No. 3451, 2007, No. 3452, No. 3452, 207, and hereinafter “each of the instant promissory notes”).
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. Defendant B is obligated to pay the instant agreed amount to the Plaintiff in accordance with the instant agreement, and Defendant C was obligated to pay the instant agreed amount to the Plaintiff as jointly and severally liable for the instant agreed amount, since the notarial deed of each of the instant promissory notes was prepared for the payment of the instant agreed amount.
B. Since Defendant B paid KRW 87 million to the Plaintiff after the instant agreement, the Defendants jointly and severally calculated the remainder of KRW 112,300,000 to the Plaintiff and KRW 12,300,000 to the Plaintiff, from November 17, 2007, the day following the due date under the first promissory note, and from January 17, 2008, from January 17, 2008, the day following the due date under the second promissory note, to the delivery date of the duplicate of each instant complaint, 5% per annum under the Civil Act, and from the next day to the day of full payment, 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.