The Defendants jointly and severally agreed with the Plaintiff KRW 83,181,950, and with respect thereto, 5% per annum from January 1, 2019 to May 8, 2020.

around December 31, 2018, the Defendants prepared a letter stating that “the Defendants shall jointly and severally pay KRW 83,181,950 to the Plaintiff” (hereinafter “instant letter”). The Defendants’ delivery of the instant letter to the Plaintiff may be acknowledged either as having no dispute between the parties or by adding the entire purport of the pleadings to the respective statements in subparagraphs A and 3.

As to this, Defendant D’s assertion that Defendant B and C merely bear the obligation of this case and that it is not responsible for it. However, if the authenticity of the disposal document is acknowledged, the court should recognize the existence and content of the declaration of intent in accordance with the language stated in the disposal document unless there is any clear and acceptable counter-proof that the content of the written statement is denied (see, e.g., Supreme Court Decision 2004Da67264, 67271, May 13, 2005). The fact that Defendant D written each of the instant text with Defendant B and C that Defendant D would jointly and severally pay KRW 83,181,950 to the Plaintiff is insufficient, and there is no other evidence to acknowledge the above assertion. Accordingly, Defendant D’s assertion in this part is without merit.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 83,181,950 won and damages for delay calculated at the rate of 5% per annum from January 1, 2019 to May 8, 2020, which is the day following the due date of payment of the above agreed amount, as the Plaintiff seeks from January 1, 2019 to May 8, 2020, and 12% per annum from the next day to the day of full payment.

Therefore, the plaintiff's claim is reasonable, and it is so decided as per Disposition.