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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 21, 2014, C and D prepared a letter of performance (Evidence B) stating that “10,000,000,000 won for cancellation and penalty of 20,000,000 won for cancellation shall be paid to the Defendant in relation to the cancellation of a land sales contract for E in Innju City, and KRW 100,000,000 for cancellation shall be paid until February 25, 2014, and penalty of 20,000,000 won shall be paid until March 25, 2014,” and the Plaintiff signed the said letter of performance as a guarantor.
There is no stipulation to restrict the scope of guarantee by the Plaintiff in the performance sheet.
B. C and D did not perform the obligations described in paragraph (1).
Accordingly, on March 7, 2014, D prepared a deed of borrowing (No. 6) stating that "D borrowed KRW 140,000,000 from the Defendant as of March 14, 2014."
In addition, on March 20, 2014, C and D prepared a letter of non-performance of the agreed termination amount (No. 4) with the purport that “90,000,000 won for land purchase shall be paid in March 31, 2014, and KRW 50,000,000 for damages shall be paid in April 30, 2014” to the Defendant on March 20, 2014.
C. The Defendant filed a lawsuit against C and D seeking payment of the agreed amount of KRW 140,000,000 as stated in Paragraph (b) and damages for delay, as the Court No. 2014Gahap2456.
In the foregoing case, on March 6, 2015, a decision in lieu of conciliation (hereinafter “instant decision of compulsory conciliation”) was rendered, and the instant decision of compulsory conciliation became final and conclusive on March 25, 2015.
The Defendants (C and D) shall be jointly and severally paid KRW 141,00,000 to the Plaintiff (Defendant B) on three occasions, and shall be paid KRW 21,00,000,000 each time until March 11, 2015, and KRW 70,000,000 until April 10, 2015, and KRW 50,000,000 until May 10, 2015. If the Defendants (C and D) delay each time of the above payment, they shall lose the benefit of the time and immediately pay the balance, and the amount calculated at the rate of KRW 20,00 per annum from the following day to the date of full payment shall be paid.