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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 300,000,000 and the interest thereon from June 30, 2009 to the date of full payment.
Reasons
1. Basic facts
A. On February 2008, Defendant C entered into a sales contract for the historical site owned by the Korea Railroad (hereinafter “instant railway site”) in the E in the time of harmony with D as a broker of the Plaintiff, and received KRW 400 million from D as a sales price.
B. On February 29, 2008, in order to guarantee the return of the above purchase price if the obligation under the above sales contract is not fulfilled, Defendant C and the Plaintiff drafted a notarial deed in a monetary loan agreement (hereinafter “instant notarial deed”) stating that “The Defendant C borrowed KRW 400 million from D on February 29, 2008 with interest rate of KRW 1% and the due date of payment on December 30, 2008.”
C. As Defendant C was unable to transfer the ownership of the instant land to the Plaintiff and Defendant C, D continued to urge the Plaintiff to repay the said KRW 400 million, and around May 30, 2009 between the Plaintiff and the Defendants, Defendant C borrowed KRW 300 million from the Plaintiff as the interest rate of KRW 4 million per month and the due date of repayment on September 30, 2009, and Defendant C is jointly and severally and severally liable for payment.
D On April 29, 2014, with the title of execution of the notarial deed in this case, D applied for a compulsory auction on G 2,093 square meters, etc. for the instant notarial deed owned by the Plaintiff and received a decision to commence compulsory auction on April 30, 2014. On December 10, 2014, the Plaintiff and D agreed that “the Plaintiff shall reduce the Plaintiff’s joint and several liability based on the instant notarial deed to KRW 300 million, but the Plaintiff shall set up a collateral security on the real estate owned by D to secure the said obligation, and D shall withdraw the application for the commencement of compulsory auction.”
E. Thereafter, the Plaintiff: D’s KRW 50 million on July 29, 2015; KRW 150 million on January 29, 2019; and KRW 150 million on July 2019.