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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 94,040,704 and KRW 92,383,197 among the Defendants.
Reasons
1. The facts alleged by the Plaintiff as the cause of the instant claim are either not disputed between the parties, or acknowledged by Gap's entries in Gap's evidence 1 to 5, Gap's evidence 1 to 6 (including serial numbers), and the whole purport of the pleadings.
According to the above facts, barring any special circumstance, the Defendants jointly and severally pay to the Plaintiff the amount of KRW 94,040,704, and KRW 92,383,197, whichever is applicable, 12% per annum pursuant to the agreement from February 14, 2015 to August 31, 2015, and from September 1, 2015 to the delivery date of the original copy of the instant payment order (from September 28, 2016 to April 27, 2016 to Defendant A), 8% per annum pursuant to the agreement from September 28, 2016 to the delivery date of the original copy of the instant payment order (from April 27, 2016 to Defendant B) and 15% per annum pursuant to the agreement from the next day to the date of full payment, and Defendant B is obligated to pay the amount of delay within the maximum amount of KRW 98,80,00,00.
2. The defendants' assertion and judgment
A. The Defendants asserted that, as long as the sales contract in this case was cancelled, Defendant A received an intermediate payment from the Plaintiff’s Intervenor, and Defendant A received an intermediate payment from the Plaintiff’s Intervenor. In light of the loan background, etc., it can be deemed that the Plaintiff’s Intervenor and the Defendant A, Dlimz and Si Corporation agreed to the Defendant’s acceptance of the Defendant’s obligation to the Plaintiff’s Intervenor’s loan to the Plaintiff’s Intervenor, on the condition that the sales contract in this case was cancelled, on the condition that the sales contract in this case’s apartment is suspended. Thus, the Plaintiff may not exercise the right of indemnity against the Defendant, the principal obligor of the Housing Finance Credit Guarantee Contract and the Defendants, the joint guarantor, under the Housing Finance Credit Guarantee Contract.
(b) however,