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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 85,00,000 and 5% per annum from July 25, 2012 to May 28, 2017.
Reasons
1. Basic facts
A. around 2010, the Plaintiff lent KRW 50 million to D Co., Ltd. (hereinafter “D”).
B. On December 10, 2010, D, E, and F issued to the Plaintiff a letter of commitment performance to pay the said loan by December 23, 2010.
C. On July 27, 2011, Defendant C, G, and E agree to pay the Plaintiff KRW 75 million (including principal and interest) to the Plaintiff as the H and 609 of the sixth floor in Osan City (hereinafter “instant building”) (hereinafter “instant accord and satisfaction agreement”).
On July 27, 2011, the Plaintiff entered into a sales contract with I Co., Ltd., a contractor under the instant payment agreement with the Plaintiff on July 27, 201, with the supply price of KRW 175 million (the sale price shall be treated as the full payment) of the instant building and the scheduled date of occupancy on October 2011.
E. Upon delay in completion of the construction of the instant building, Defendant C and E, the actual representative of Defendant C and E, at the time, agreed on May 29, 2012 to pay to the Plaintiff KRW 85 million in total, including the Plaintiff’s separate investment amounting to KRW 75 million and the Plaintiff’s separate investment amounting to KRW 10 million. On July 12, 2012, the Defendants jointly and severally agreed to pay KRW 85 million to the Plaintiff by July 24, 2012 (hereinafter “instant payment agreement”).
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 2 and 4 (including paper numbers), the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendants calculated jointly and severally to the Plaintiff according to the instant payment agreement at the rate of KRW 85 million and 5% per annum as prescribed by the Civil Act from July 25, 2012 following the due date to which the copy of the instant complaint was served to the Defendants from July 28, 2017, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.