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1. The Defendants jointly and severally pay to the Plaintiff KRW 236,488,222 as well as KRW 235,476,00, among themselves, from June 28, 2018.
Reasons
1. Basic facts (applicable for recognition: Fact that there is no dispute, entries in Gap's evidence 1 through 4 (including paper numbers), and purport of the whole pleadings);
A. On May 16, 2015, Defendant B entered into a contract for each of the instant sales contracts (hereinafter “each of the instant sales contracts”) with Defendant B, with KRW 196,230,000 for the purchase price of the instant officetel No. 196,230,000, and KRW 196,230,000 for the instant officetel No. 196,230,000 on June 5, 2015.
B. On July 15, 2015, Defendant B entered into a loan agreement with the Plaintiff on KRW 117,738,00,00 in total, KRW 235,476,00,00, at interest rate of KRW 4.7%, interest rate of delayed interest rate of KRW 12%, maturity of November 15, 2017 (hereinafter “each of the instant loan agreements”) and paid the intermediate payment with the loan, and Defendant C A and D jointly guaranteed the above loan obligations (hereinafter “the instant loan obligations”).
C. After Defendant B’s default payment, Defendant B rescinded each of the instant sales contracts. D.
As of June 27, 2018, the instant obligation amounted to KRW 236,488,222 (i.e., principal amount of KRW 235,476,000, KRW 1,012,222).
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 236,488,22 as well as KRW 235,476,00, whichever is above, to the Plaintiff at the rate of 12% per annum from June 28, 2018 to the date of full payment.
B. As to Defendant B’s assertion, Defendant B asserted that the instant contract was cancelled and the instant obligation was discharged, and thus, Defendant B exempted the remainder of the Defendants from liability.
According to the above evidence, Defendant B and Defendant C agreed to refund the money calculated by deducting the loan by the guarantee of the buyer and the interest borne by the buyer from the sales price paid by the buyer where the contract is terminated because the buyer did not pay the intermediate payment or the balance. Article 7 and Article 7 of each sales contract of this case.