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1. The Defendants shall jointly and severally pay to the Plaintiffs KRW 60 million and the interest rate from December 17, 2013 to the day of full payment.
Reasons
1. Facts of recognition;
A. On January 17, 2007, Defendant C completed the registration of ownership transfer on the ground of sale due to voluntary auction on January 16, 2007 with respect to 502 of the E-ground buildings in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant building”).
B. On September 14, 2007, the Plaintiffs agreed with Defendant C on September 14, 2007 with respect to the instant building, and agreed to implement the agreement on September 14, 2007, that “I mutually exchange after affixing a written agreement on the termination of the lien” (hereinafter “instant agreement”), and Defendant C, the husband of Defendant C, jointly and severally guaranteed the obligation owed by Defendant C to the Plaintiffs pursuant to the instant agreement.
C. The Plaintiffs received KRW 10 million from Defendant C on September 15, 2007, and KRW 10 million on September 17, 2007.
【Ground for Recognition: Evidence No. 1, Evidence No. 5-1, and Evidence No. 5-2, the purport of the whole pleadings】
2. Determination
A. According to the above facts, Defendant C agreed to pay to the Plaintiffs KRW 80 million in return for the agreement on the termination of the lien on the instant building, and Defendant D jointly and severally guaranteed the above agreed amount, so the Defendants are jointly and severally liable to pay to the Plaintiffs the remainder of the above amount of KRW 60 million ( KRW 80 million - 20 million) and the damages for delay calculated at the rate of KRW 20% per annum from December 17, 2013 to the day after the date of the request for performance as of the day following the day of the request for performance, which is the day of delivery of the copy of the instant complaint, to the day of full payment.
The Plaintiffs seek for the payment of damages for delay from the date following the date of agreement in this case, but they are liable for delay from the time of receiving the claim for performance with respect to obligations for which no due date is specified. Therefore, the damages for delay from the date following the date of agreement in this case