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1. The Defendants jointly share KRW 70,000,000 and interest rate of KRW 5% per annum from June 4, 2020 to the date of full payment.
Reasons
1. The parties' assertion
A. On December 26, 2014, the Plaintiff asserted that the Plaintiff lent KRW 70,000,000 to the Defendants on a monthly basis and on February 27, 2015, with the due date set as KRW 2% each month and the due date set as February 27, 2015. The Plaintiff and the Defendants drafted a real estate sales contract as of September 1, 2015 and a supplementary agreement as of September 1, 2015.
Although the Defendants sold part of the real estate stated in the real estate sales contract as of September 1, 2015, the Defendants are jointly obligated to pay the Plaintiff the amount of KRW 70,000,000 and the amount of delay damages from February 27, 2015.
B. The Defendants’ assertion also differs from the claim amount claimed by the Plaintiff, and there is no interest promise, and the sale of the land in question is underway.
(2) According to the Plaintiff’s statement No. 3-1 (Supplementary Agreement dated September 1, 2015), the Plaintiff agreed to pay KRW 70,000,000 to the Defendants for the payment of KRW 70,000,000 to the Defendants on April 28, 2020, which was submitted after the closing of the argument in the instant case. However, according to the Plaintiff’s statement on the Plaintiff’s certificate No. 3-1 (Supplementary Agreement dated September 1, 2015), the Plaintiff agreed to pay the said money to the Defendants at the time of concluding the real estate sale contract on September 1, 2015. However, the Defendants jointly expressed their intent to return KRW 70,00,000 to the Plaintiff. Accordingly, the Defendants are liable to jointly pay the Plaintiff interest or delay damages.
Meanwhile, even according to the evidence submitted by the Plaintiff, it cannot be deemed that there was an interest agreement between the Plaintiff and the Defendants on KRW 70,000,000, and the due date has not yet arrived at the due date after concluding a real estate sale contract.
Therefore, the defendants jointly do so to the plaintiff 70,000,000 won and the defendants' duty of performance can be viewed as the occurrence of the defendants' duty of performance.