beta
Text
The Plaintiff
A. Defendant B, C, and D are jointly and severally liable for KRW 1,000,000,000 and Defendant B and C with respect thereto from November 24, 2020.
Reasons
1. Facts of recognition;
A. From December 8, 2010 to June 30, 201, the Plaintiff loaned KRW 628,000,000 to F Co., Ltd., and from F Co., Ltd, the Plaintiff agreed to receive KRW 314,00,000 from May 31, 2012, and the remainder of KRW 314,00,000 from F Co., Ltd. agreed to receive reimbursement on August 31, 2012. Defendant B and E, at the time of the said lending, jointly and severally guaranteed the Plaintiff’s debt owed to F Co., Ltd.
B. As Defendant B did not repay the above loan obligation, the Plaintiff was charged with Defendant B around 2014, but on May 14, 2014, the Plaintiff promised to recover the damage as set forth in the following subparagraphs between Defendant B and Defendant B, and the Plaintiff agreed to withdraw the complaint (hereinafter “instant agreement”). Defendant C and D jointly and severally guaranteed the obligation of Defendant B to the Plaintiff at the time of the instant agreement.
[Agreement on Recovery of Damage to the Plaintiff by Defendant B] Loss: Total sum of principal and interest 1,000,000,000
(a) Primary: 450,000,000 won within one month from the date of agreement;
(b) Secondary: 450,000,000 won within two months from the date of agreement;
(c) Third place: 100,000,000 won within 30 days after the commencement of any G business land;
C. Defendant B did not pay KRW 1,00,000,000 according to the instant agreement even after the lapse of 30 days after the commencement of the G business site ( October 13, 2014).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, Defendant C and D, the principal debtor of the claim, jointly and severally with Defendant C and D, are jointly and severally liable to pay damages for delay calculated at the rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from November 26, 2020 to the date of full payment, as the Plaintiff seeks from November 20, 2020, after serving the documents prepared by the Plaintiff on November 20, 2020, and Defendant D are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum as stipulated by the aforesaid Act, except in extenuating circumstances.