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The Defendant-Counterclaims (Counterclaims) jointly share KRW 55,00,000,000 for the Plaintiff (Counterclaim Defendant) and their share from March 1, 2019.
Reasons
1. Basic facts
A. The Plaintiff is a legal entity that engages in trade business (original group, clothes), and clothing wholesale and retail business, and Defendant B operated a personal business entity under the trade name of Defendant D and engaged in the original trade with the Plaintiff.
B. The Plaintiff was liable to Defendant B for the debt amounting to KRW 50 million, but the value of the original group owned by the Plaintiff for the repayment of the said debt (hereinafter “instant original group”) was determined to be KRW 1.5 million, and Defendant B acquired by Defendant B. Defendant B paid KRW 20 million out of the difference to the Plaintiff on September 15, 2018, which was KRW 55 million to the Plaintiff, as well as KRW 20 million on January 30, 2019, the remainder of KRW 25 million on February 28, 2019. In short, the Plaintiff paid damages for delay by adding up 20% annually to the damages for delay.
Defendant C guaranteed Defendant C’s obligation to the Plaintiff.
C. The Plaintiff transferred all of the instant headquarters to Defendant B.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. In the absence of special circumstances, the Defendants jointly and severally are liable to pay to the Plaintiff the agreed amount of KRW 55 million and damages for delay calculated at the rate of 20% per annum from March 1, 2019 to the date of full payment, as the Plaintiff seeks, pursuant to the agreement, from March 1, 2019 to the date of full payment.
(3) The defendant 20,000 won was paid to the defendant 30,000 won, and the defendant 20,000 won was paid to the defendant 30,000 won. The defendant 20,000 won was paid to the defendant 30,000 won. The defendant 20,000 won was paid to the defendant 20,000 won. The defendant 30,000 won was paid to the defendant 29,000 won. The defendant 30,000 won was paid to the plaintiff 20,000 won.