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1. The Defendants are jointly and severally liable to the Plaintiffs for KRW 142,013,69 and KRW 100,000,000 among them.
Reasons
1. Determination as to the claim against Defendant C Co., Ltd. and D
A. The Plaintiffs asserted that they invested KRW 50 million in Defendant C Co., Ltd. (hereinafter “Defendant C”) or Defendant D, and paid KRW 50 million as an agency deposit. Defendant C and D agreed to return the total amount of KRW 100 million to the Plaintiffs on February 13, 2012. As such, the Defendants are obliged to pay the said agreed amount of KRW 100 million and delay damages to the Plaintiffs.
B. Comprehensively taking account of the respective descriptions of evidence Nos. 1 and 2 and the overall purport of the pleadings, the fact that the Plaintiffs entered into an agreement with Defendant C and D on February 13, 2012 can be acknowledged as follows.
(hereinafter referred to as the “instant agreement”). 1. Defendant C shall return the Plaintiffs’ investment amounting to KRW 50 million, KRW 50 million, and KRW 100 million, total of KRW 100 million by April 30, 2012, and Defendant D shall stand joint and several sureties.
Provided, That even before April 30, 2012, Defendant C pays money from time to time.
2. If Defendant C fails to comply with paragraph 1 within the due date, it shall pay to the Plaintiffs a penalty of 20% per annum by the time of return.
C. According to the above facts finding as to the cause of the claim, Defendant C is the principal debtor, and Defendant D is jointly and severally a joint and several surety, and as a joint and several surety, is liable to pay the Plaintiffs KRW 100 million (in light of the Plaintiff’s relationship, it is reasonable to view that it is indivisible in view of the Plaintiff’s relationship) and the damages for delay calculated at the rate of 20% per annum as stipulated in the instant agreement from May 1, 2012 to the date of full payment, which is the day following the due date stipulated in the instant agreement.
Defendant C and D alleged to the effect that Defendant C and D repaid KRW 5 million to the Plaintiff on January 29, 2014, and according to the evidence Nos. 19, Defendant C and D’s assertion, according to the following: (a) Defendant C and C’s statement on January 29, 2014.