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1. The Plaintiff:
A. Defendant B shall be KRW 75,00,000 and the interest rate of KRW 15% per annum from February 20, 2016 to the date of full payment.
Reasons
1. Basic facts
A. Defendant B paid KRW 20,000,000 as down payment to the Plaintiff at the beginning of 2003 by allowing the Plaintiff to operate a cafeteria at the site of the new construction of an apartment in the housing site development zone within the D Housing Site Development Zone.
However, on January 22, 2008, Defendant B prepared a letter of payment stating that the Plaintiff will pay KRW 60,000,000,000, including the down payment of KRW 20,000,000 and KRW 40,000,00 to the Plaintiff by three installments.
B. After January 12, 2010, Defendant B prepared a written confirmation that the Plaintiff will pay KRW 60,000,000,000 of the above letter of confirmation (hereinafter “instant confirmation”) by July 31, 2010, and Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) signed and sealed the instant confirmation as the guarantor, and E signed by the representative director at the time.
C. Meanwhile, on January 14, 2010, Defendant B issued an additional bill with the purport that the Plaintiff will pay KRW 15,000,000 to July 31, 2010, in addition to KRW 15,000 as interest rate of KRW 60,00,000.
[Reasons for Recognition] The entry of Gap 1-6 and the purport of the whole pleadings
2. Determination
A. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the sum of KRW 75,000,000,000 in total, and damages for delay calculated at the rate of 15% per annum from February 20, 2016 to the date of full payment, as the Plaintiff seeks.
B. According to the above facts of determination as to the claim of the Defendant Company, barring any special circumstance, the Defendant Company is jointly and severally with the Defendant Company as a guarantor of the above letter of commitment to KRW 60,000,000 among the above letter of commitment, and as the Plaintiff seeks, the service day of the complaint of this case from July 15, 2015 to the day of full payment, as the Plaintiff seeks.