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1. The Defendants are jointly and severally liable.
A. As to KRW 45,00,000 among Plaintiff A and KRW 20,000,000 among them, from October 1, 2019.
Reasons
1. Facts of recognition;
A. A. Around February 2016, the Plaintiffs solicited Defendant C to make a nominal investment in the purchase price with respect to F land at Seopo-si, Seopopo-si, Seopo-si, Jeju (hereinafter “instant real estate”), and paid to Defendant C an investment amounting to KRW 150 million in total of KRW 75 million.
B. On July 23, 2019, Defendant D and E made an agreement with the Plaintiffs that “The principal of KRW 100 million was paid on November 2018, and the remainder of KRW 50 million was paid by September 2019, and the interest of KRW 50 million was paid by February 2020.”
(hereinafter referred to as “instant agreement”). C.
At the time of the instant agreement, Defendant C jointly and severally guaranteed Defendant D and E’s above contract deposit obligations.
The Plaintiffs received KRW 10 million out of the principal amount of KRW 50 million under the instant agreement from the Defendants.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, the defendants jointly and severally have the obligation to pay 45,00,000,000 won each of the remainder of the contract stipulated in the present agreement and 20,000,000 won each of the remainder of the principal from October 1, 2019 to March 11, 2020, which is the date following the due date of payment of the contract, 5% per annum as stipulated in the Civil Act, and 12% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the due date of full payment, with 25,00,000 won each of the interest, and with 25,000,000 won, from March 1, 2020 following the due date following the due date of the contract to March 26, 202, which is the date of delivery of a copy of the claim of this case and the application for modification of the cause of claim.
B. Defendant C does not have any profit from the investment of this case.