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1. The Defendants jointly share KRW 40,000,000 with respect to the Plaintiff, and each of them shall be from December 1, 2016 to February 9, 2018.
Reasons
1. Basic facts
A. On March 16, 2015, Defendant B prepared a deed of commitment to pay 40 million won to the Plaintiff’s investment from December 30, 2015 to December 30, 2016 (hereinafter “instant deed of commitment”), and Defendant C signed and sealed the said letter of commitment as the guarantor.
The fact that the “F” signed and sealed the above surety column is Defendant C does not conflict between the parties.
B. On the other hand, Defendant B again drawn up and ordered the following payment note to the Plaintiff (hereinafter “instant payment note”).
Japan: 40,000 won paid-in 40,000 won invested in the business of the Plaintiff and Defendant B at Young-si D, but the Plaintiff was to retire from office and to receive the refund of the investment money. However, on June 15, 2016, the said amount was not paid until June 15, 2016.
Defendant B shall divide the Plaintiff into KRW 0,000 and make a full payment by November 30, 2016.
Provided, That in the event of failure to comply with the promise, the plaintiff agrees to sell or seize the E store in the event of failure to comply with the promise by securing the store of Yeongdeungpo-gu D4 Ga8, the denied owner of the defendant B, and the plaintiff agrees to sell or seize the E store.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum from December 1, 2016, which is the following day of November 30, 2016, the due date for which the payment has been postponed in accordance with the instant commitment and the letter of rejection of payment, to the Plaintiff, for the amount of KRW 40,00,000,000, and the amount of delay calculated at the rate of 15% per annum from the following day of the imposition of the Civil Act until February 9, 2018, which is the date of the imposition of the said obligation. Defendant C as the guarantor, together with Defendant C, is the Plaintiff.