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1. The Defendants are jointly and severally liable to the Plaintiff.
(a) As regards KRW 15,00,000 and its 10,000,000 among them, from October 1, 2018;
Reasons
1. The Plaintiff and Defendant B, including the preparation of a monetary transaction and written agreement, lent KRW 5,00,000 in total on four occasions to Defendant B, who is the birthe, from September 5, 2012 to October 30, 2015.
After that, on August 25, 2018, the Plaintiff was paid KRW 20,00,000 from Defendant B and entered into an agreement with Defendant C, who is his/her father. The content is that “Defendant B shall pay KRW 10,000,000 in installments the remainder of KRW 35,000,000,000 until September 30, 2018, and KRW 5,000 until March 31, 2019, KRW 20,000 shall be paid until August 31, 202, and if each day is delayed, the damages for delay calculated at the rate of 24% per annum from the next day to the day of complete payment, and Defendant C shall be jointly and severally paid with Defendant B.”
(hereinafter “Agreement in this case”). 【No dispute exists, Gap evidence No. 1, Eul evidence No. 2, and the purport of the whole pleadings
2. Determination
A. According to the above recognition, the plaintiff has the right to seek joint payment of each of the amounts and the damages for delay divided by the defendants in accordance with the agreement of this case.
However, the plaintiff asserts that the defendants claim for the payment of damages for delay, such as the statement in the claim, since the date specified in the agreement of this case has lapsed and has lost the benefit of time. However, as seen earlier, the agreement of this case only determined the installment payment of KRW 35,000,000 and the damages for delay incurred after each due date, and it cannot be deemed that each due date has been lost as a matter of course if delayed, and the due date has arrived at the same time. Thus, the defendants are liable for delay from the next day of each due date of repayment as stipulated in the agreement of this case.
B. As to this, the Defendants: (a) in addition to the repayment to the Plaintiff of KRW 20,00,000, the remainder is even 15,690,000, by repaying KRW 19,310,000 from November 2, 2012 to March 31, 2018.