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1. Defendants are jointly and severally liable to the Plaintiffs each of the KRW 317,500,000 and each of them shall be from January 30, 2020 to the date of full payment.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. The part dismissing the Plaintiffs also seek damages for delay calculated by the rate of 5% per annum from May 14, 2019 to the day on which a copy of the instant complaint was served ( January 29, 2020) with respect to KRW 317,50,000, respectively.
On December 14, 2018, the Plaintiffs’ mother, and the Defendants, upon entering into an investment agreement on December 14, 2018, entered into a contract for the sale of G building H for the purpose of security. The Plaintiffs, based on the special agreement (Evidence A 3) entered into between the networkF and the Defendants, filed a claim against the Defendants for the return of the investment amount of KRW 600 million and the penalty for breach of the contract for sale.
However, if the investment amount is not returned even after five months have elapsed since the net F and the Defendants did not expressly agree on the time to pay the investment amount or the penalty, Paragraph 3 of the Special Agreement, the investment amount can be acquired as KRW 600,000,000 in Incheon Seo-gu G Building H.
Although it is written that the Defendants agreed to return the investment and penalty on the date five months after the date of the agreement, such fact alone cannot be readily concluded that the Defendants agreed to return the investment and penalty.
[] It is reasonable to view that the Defendants’ obligation to return the investment deposit and pay penalty against the Plaintiffs is an obligation with no fixed deadline. Therefore, the part of the Plaintiff’s claim for delay compensation from January 30, 2020 to the date of full payment after the copy of the Plaintiff’s claim was delivered to the Defendants, and the part of the Plaintiff’s claim for delay compensation from May 14, 2019 to January 29, 2020, is dismissed.