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1. The Defendants shall jointly and severally serve as KRW 176,00,000 on the Plaintiff and as a result, from March 1, 2017 to August 28, 2017.
Reasons
Basic Facts
The defendants are those who are engaged in real estate development business, etc. as a sales agent under the trade name of C, and the defendant A was the representative and the defendant B was the responsible person.
On September 6, 2016, the Plaintiff entered into an agreement on the settlement of accounts between the Defendants and the Defendants on September 6, 2016 (24,000,000 won (24,000,000 won out of the aforementioned money) and the settlement date set within two months from the completion date (2 December 31, 2016) (hereinafter “instant settlement agreement”).
[Ground of recognition] In light of the above facts, the defendants are jointly and severally liable to pay to the plaintiff 176,00,000 won under the instant settlement agreement (i.e., settlement agreement amounting to 200,000,000 won - 24,000,000 won) and damages for delay calculated at the rate of 5% per annum under the Civil Act from March 1, 2017 until August 28, 2017, the delivery date of the original copy of the instant payment order, and from the next day to the date of full payment, 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., from the next day to the date of full payment.
The defendants' defense was proved to offset the amount of damage 70,000,000 won in lieu of defect repair and the amount under the settlement agreement of this case against the amount equal to that under the settlement agreement of this case. However, there is no evidence to acknowledge that the defects alleged by the defendants have occurred. Thus, the above defense is without merit.
In addition, the defendants defense that the due date is within two months from the date of completion, and the due date has not yet arrived. However, the settlement agreement of this case set the date of completion as of December 31, 2016. The defendants are obligated to pay the settlement amount by February 28, 2017. Thus, the above defense is without merit.
In conclusion, the plaintiff's claim against the defendants is with merit.