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1. The Defendants are jointly and severally liable to Plaintiff A for 37,114,285 won and each of the above amounts.
Reasons
1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence 2 to 4 (including each number), with a comprehensive consideration of the whole purport of the pleadings:
The net F entered into a sales contract to sell the Chinese land to G in KRW 129,900,000, and delivered the Chinese land to G.
B. On July 11, 2010, G agreed to pay the netF KRW 129,90,000 as at the end of each month in installments, with the end of 3,000,000,000, and if the monthly installment payments were in arrears twice, G would be subject to the compulsory execution by the netF without any premise. The Defendants jointly and severally guaranteed such G sales payment obligations.
C. G and the Defendants did not pay monthly installments to the networkF once.
The networkF died on October 7, 2013, and the plaintiff A succeeded to the deceased's spouse (the heir's share 3/7), the plaintiff B and C succeeded to each networkF's children (the heir's share 2/7), and each networkF's property.
2. According to the facts of the determination as to the cause of the claim, the Defendants are joint and several guarantors of G’s netF’s payment obligation, and the Defendants are jointly and severally liable to pay the Plaintiff, the heir of the networkF, KRW 55,671,428 (i.e., KRW 129,90,000 x KRW 3/7,00 in inheritance x less than KRW 3/7 in inheritance x less than KRW hereinafter the same shall apply), Plaintiff B, and C, respectively, KRW 37,114,285 (i.e., purchase price x KRW 129,900,000 x 2/7 in inheritance x 2/7 in inheritance) and each of the above amounts, from March 28, 2014, on the record, as to the following day after the delivery of the original copy of the payment order in this case’s delivery of the original copy of the payment order in this case.
(G) The Defendants and G were unable to assert the benefit of installment payments against the net F’s heir’s claim for the purchase price in arrears not less than twice a monthly installment payment. 3. Determination of the defense is against the net F.