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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 123,661,129 as well as 20% per annum from January 31, 2017 to the date of full payment.
Reasons
1. Determination as to the cause of the claim: (a) the Defendants jointly and severally paid KRW 140 million to the Plaintiff on October 19, 2016; (b) the amount of KRW 80 million among them shall be up to December 30, 2016; and (c) the remainder of KRW 60 million shall be paid upon the disposal of a DNA apartment (hereinafter “instant agreement”); (b) the said D apartment was disposed of to a third party on November 21, 2016; (c) the Defendants repaid KRW 10 million to the Plaintiff on November 8, 2016; and (d) the Defendants paid KRW 8547,090 on behalf of the Plaintiff on January 31, 2017, by taking into account the purport of each of the Plaintiff’s inheritance tax and evidence No. 8 and evidence No. 9, and all of the arguments and arguments, and (d) the Defendants did not dispute the Defendants’ damages for delay calculated by the annual rate of 20% to the Plaintiff.
Meanwhile, the remainder of the agreed amount of KRW 130 million (i.e., KRW 140 million - KRW 100 million - KRW 10 million repaid on November 8, 2016) is due and payable after December 31, 2016, for which the Plaintiff seeks payment from December 31, 2017 to January 30, 2017, which is the day immediately before the payment of the said inheritance tax, KRW 2,208,219 (= KRW 130,000 x 31 days (from December 31, 2016 to January 30, 2017) x 365 days x 0.2 / [2] The Defendants’ remainder of the agreed amount of KRW 132,208,219,209,308,209,209,319,208,2005,297,2097,2019).
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of the agreed amount of KRW 123,61,129 as well as damages for delay calculated at the rate of 20% per annum from January 31, 2017 to the date of full payment, which is the day following the date of calculating damages for delay.
2. As to the Defendants’ assertion and determination, the Defendants additionally paid KRW 20 million, which the Defendants remitted to E on November 7, 2016, and KRW 50,690,940, which paid the F’s inheritance tax.