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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 55,182,30 and the interest rate thereon from November 1, 2009 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff filed a lawsuit against the Defendants against the Seoul Central District Court (Seoul Central District Court 2009Kadan222606) seeking the payment of goods. On September 10, 2009, conciliation was concluded with the following content.
1. The Defendants are jointly and severally liable to pay KRW 60,372,680 to the Plaintiff.
2. The Defendants shall pay 40 million won out of the money listed in the above paragraph (1) until October 31, 2009, and shall pay the remainder of 20,372,680 won as of the end of each month from November 2009 to March 2012.
However, the final installment amount of March 2012 is KRW 72,680, 772,680.
3. If the Defendants delay the payment of the above installment on two or more occasions, they shall immediately lose the benefit of the due date for the entire account payable as set forth in paragraph 1, and shall pay damages for delay at the rate of 20% per annum from the next day to the day of full payment.
B. However, the Defendants delayed the payment of the first installment (40 million won until October 31, 2009). Meanwhile, the Plaintiff recognized that the Plaintiff was paid KRW 5,190,350 from Defendant C for the disposal of books, etc. stored in E-owned farm warehouses.
[Reasons for Recognition] Defendant B: Judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act) (Article 208(3)2 of the Civil Procedure Act): Defendant C: The entry of evidence No. 1, the purport of the entire pleadings, Defendant D: Judgment by service by publication (Article 208(3)3 of the Civil Procedure
2. Determination
A. According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 5,182,30 won (=60,372,680 won-5,190,350 won) and damages for delay calculated at the rate of 20% per annum from November 1, 2009 to the date of full payment.
(Plaintiff may bring an action for performance again in order to prevent the completion of extinctive prescription of a claim under the above conciliation protocol. (b)
After the mediation is completed, Defendant C shall deliver goods, such as its own house and equipment, books, etc.