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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 570,000,000 and the interest thereon from October 1, 2016 to the date of full payment.
Reasons
1. Indication of claim;
A. The Plaintiff is a corporation established for the purpose of the construction business, etc., and the Defendant A is a non-profit organization, and the Defendant B is the representative of the Defendant A.
B. On July 4, 2013, the Plaintiff asserted D as Busan District Court No. 2015Gahap12054, the Plaintiff asserted as the Plaintiff No. 2015Gahap120454, but it appears to be an obvious clerical error in 2015Gahap12054.
Thus, by filing a lawsuit claiming construction cost, the said court rendered a judgment that “D shall pay to the Plaintiff 55,58,217 won and 6% interest per annum from July 6, 2013 to September 11, 2013, and 20% interest per annum from the next day to the date of full payment.”
C. On November 19, 2015, the Plaintiff and Defendant A, which the Plaintiff had in D, an incorporated foundation.
The claim for the judgment of the court below is settled at KRW 800,000,000. Defendant A, on behalf of the Incorporated Foundation D, agreed to pay the Plaintiff the above KRW 800,000,000 (the down payment at KRW 80,000,000 on November 27, 2015, KRW 150,000 on March 1, 2016, KRW 300,000 on September 30, 2016, KRW 270,000 on September 30, 2016, KRW 270,000,000 on November 30, 2016, and KRW 20,000 on November 30, 2016, KRW 20,000 on a yearly basis and the interest rate at KRW 20% on a yearly basis). Defendant B and Defendant C agreed to pay the above joint and several debt of the court below.
Defendant A paid to the Plaintiff the amount of KRW 230,00,000 (i.e., KRW 80,000,000) (i.e., KRW 150,000,000) pursuant to the above agreement, but the second intermediate payment of KRW 300,000,000 was not paid until September 30, 2016, which is the time stipulated in the above agreement. As such, Defendant A lost the benefit of KRW 570,000,000 (= KRW 800,000,000), which is the total agreed amount remaining under the above agreement, as well as KRW 230,00,00,00).
E. Therefore, the Defendants are jointly and severally obligated to pay 570,000,000 won and 20% interest per annum from October 1, 2016 to the date of full payment on the following day of the second intermediate payment.
2. Articles 208(3)1 and 257 of the Civil Procedure Act of the applicable law.