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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 344,00,000 and Defendant SPS Co., Ltd. on January 2, 2014.
Reasons
1. On September 5, 2012, when the Plaintiff paid KRW 300,00,000 to the above Defendant under the name of investment money for the business of selling D apartment units 49 households in Gyeyang-gu, Incheon, the Plaintiff agreed to receive a refund of KRW 300,000,000 under the name of the above Defendant and KRW 140,000,000 under the name of the profit, after three months from the above payment date (hereinafter “instant agreement”). Under the instant agreement, the Plaintiff transferred KRW 300,000,000,000 to Defendant SPS on September 14, 2012; Defendant B, and Defendant C, on February 7, 2013, deemed that each of the aforementioned agreements between the Plaintiff and the Defendants made a confession of KRW 300,00,000,000 among the Plaintiff and the Defendants’ joint and several surety’ respective joint and several liability set forth in Article 300,000,000 each of the Civil Procedure Act.
On the other hand, the Plaintiff is a person who received KRW 96,00,000,000, out of the above money that he/she agreed to receive from Defendant SPS pursuant to the instant agreement, on six occasions.
2. According to the above facts, the Defendants jointly and severally paid to the Plaintiff the sum of KRW 440,00,000,000, after deducting KRW 96,000,000 ( KRW 440,000 - 96,000 - 96,000,000) paid by the Plaintiff from the sum of the above investments and earnings, and the damages for delay shall be paid at the rate of KRW 20,000 as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 14, 2014 to the date following the delivery of the duplicate of the complaint of this case to the above Defendant; Defendant B from February 5, 2015 to the date following the delivery of the duplicate of the complaint of this case to the above Defendant; Defendant C from November 15, 2014 to the date following the delivery of the duplicate of the complaint of this case to the above Defendant.