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1. The Defendants: (a) as to each Plaintiff KRW 40,500,000; and (b) as to Defendant B, as from November 7, 2014; and (c) Defendant C, as of August 2014.
Reasons
1. Basic facts
A. On March 15, 2004, the Plaintiff remitted KRW 50 million to Defendant C.
B. On July 14, 2004, the Defendants: (a) called “the case of returning the investment amount to the Plaintiff”, and (b) “the Plaintiff invested KRW 50 million in the company other than the Plaintiff; (c) KRW 9.5 million out of KRW 50 million; and (d) the remainder of KRW 40.5 million shall be paid on the last day of each month at the end of August in the future. In the event that the Defendants are unable to perform, the method of repayment shall be subject to seizure in the first order of the secured amount by the mutual aid association.”
[Ground of recognition] As to Defendant B: Decision by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3) of the Civil Procedure Act): Facts that there is no dispute against Defendant C, entry of evidence Nos. 1, 3, and 3, results of the Plaintiff’s personal examination, the purport
2. According to the above facts of recognition as to the plaintiff's claim, the defendants agreed to jointly pay 40,500,000 won to the plaintiff by preparing and delivering the letter of this case. Thus, barring any other special circumstances, the above 40,500,000 won and damages for delay are liable to each plaintiff.
The plaintiff claims the payment of damages for delay from September 1, 2004.
However, the benefit of time under Article 153(1) of the Civil Act is presumed to exist in the Defendants, who are debtors. Since the Plaintiff and the Defendants agreed to pay the said money in installments at the time of the preparation of each of the instant notes, they did not agree on the loss of time. Thus, the said money payment obligation constitutes a case where there is no fixed period of time.
Therefore, pursuant to Article 603(2) of the Civil Act, only when one month has passed from the time when the Plaintiff requested the Defendants to pay the said money by serving a duplicate of the complaint of this case, the said money shall be due and payable.