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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 275,438,119 and the interest rate thereon from November 27, 2007 to the day of full payment.
Reasons
1. Determination as to the cause of claim
A. Fact 1) On January 3, 2006, the Plaintiff drafted a written agreement for repayment of money with the Defendants (hereinafter “instant agreement”) with the following contents (hereinafter “instant agreement”).
Article 1 (Confirmation of Money Transaction) A (Plaintiffs)
on August 13, 2004, Byung (Defendant B Co., Ltd.)
(C) upon request of Byung, invested a sum of KRW 230,000,000 for D’s real estate development projects; Byung means Defendant C (Defendant C).
A joint and several with each other, by October 12, 2004, agreed to pay a sum of KRW 460 million. However, Byung did not implement the said undertaking due to the delay in the progress of the project and repaid a sum of KRW 20 million on December 20, 2004 and KRW 85 million on April 13, 2005. As a result, the unpaid amount as of December 31, 2005 is KRW 350 million. Article 3 (Interest due to Arrears), Eul, and Byung recognize that the payment agreement was made from the date of the date of the repayment agreement ( October 12, 2004) to the date of the repayment agreement ( October 12, 2006) to the date of the repayment agreement (Article 4 of the agreement).
2. 을은 병과 연대하여 미상환금 3억 5,500만 원을 2006. 3. 31.까지 하나은행 구좌#D에 입금한다.
3. A shall be exempted from the interest specified in Article 3.
Article 5 (Failure to Comply with Agreement) If B is jointly and severally unable to comply with Article 4(2),
1. B shall be jointly and severally liable for repayment of the amount under Article 4 (2);
2.The interest applicable under Article 3 shall be 18% per annum for a three-month welfare period, and Eul and Byung shall be jointly and severally liable for the interest.
3.Paragraph 3 of Article 4 must be null and void.
2) In accordance with the instant agreement, the Defendant repaid to the Plaintiff KRW 10 million on April 10, 2006, KRW 20 million on February 28, 2007, KRW 30 million on June 18, 2007, and KRW 180 million on November 26, 2007, respectively. [In the absence of any dispute over the grounds for recognition, evidence Nos. 1, 1, 1, and 1,000 won on April 26, 2007, and KRW 180 million on November 26, 2007.]
B. The defendant's appropriation of the above repayment amount to the principal and interest is as follows.