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1. The Defendant shall jointly and severally pay to the Plaintiff KRW 73,724,812 as well as the full payment from September 6, 2014.
Reasons
1. Facts of recognition;
A. On April 10, 2014, the Defendant entered into an agreement with the Plaintiff on the following terms: (a) the Defendant repaid a total of KRW 216,024,00 to the Plaintiff on the 25th day of each month from May 2014 to September 2014 in five installments; and (b) if the payment of the installment is in arrears at one time, the Defendant would immediately lose the benefit of the total due and pay damages for delay by adding 20% per annum from the day following the day on which the benefit of the installment is lost; and (c) D and E jointly guaranteed the Defendant’s debt.
B. The Defendant did not pay the installment amount promised to the Plaintiff on May 25, 2014, which was the first installment payment date.
C. Following that, the Defendant paid the Plaintiff KRW 43,204,80 on May 29, 2014, KRW 43,204,80 on July 4, 2014, KRW 43,204,80 on July 4, 2014, KRW 43,204,80 on July 30, 2014, and KRW 20,000 on September 5, 2014, respectively.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. According to the above facts of recognition, unless there are special circumstances, the defendant has lost the benefit of time due to the first installment payment.
Since the defendant is jointly and severally with D and E, the defendant is jointly and severally with the plaintiff 1. D and E.
The obligation to pay 73,724,812 won remaining after being appropriated in sequence to the principal until each payment is made, and damages for delay at the rate of 20% per annum from September 6, 2014 to the date of full payment, which is the day following the last repayment date.
The defendant asserts that "the above agreement dated April 10, 2014 agreed that the defendant would pay the price of the building materials supplied by the plaintiff, and because the tax invoice was not issued in relation to the supply of the above building materials, the defendant is not liable for paying the above agreed amount." However, in this case where it is acknowledged that the defendant agreed to pay the agreed amount as seen above, the defendant is not liable for issuing the tax invoice.