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1. The plaintiff
A. Defendant B’s KRW 130,000,000 and interest rate of KRW 12% per annum from June 18, 2019 to the date of full payment.
Reasons
1. In full view of the purport of the entire pleadings as to the cause of the claim No. 1, Defendant B, on December 14, 2016, agreed to pay the Plaintiff KRW 15 million by the end of December 2017, KRW 15 million by the end of the end of 2018, KRW 10 million by the end of the end of 2019, and KRW 40 million by the end of the end of the end of 2019, and Defendant C guaranteed the fact. Thus, barring any special circumstance, the Defendants are jointly obligated to jointly pay the Plaintiff KRW 30 million (i.e., KRW 15 million to be paid by the end of the end of 2017), and to pay KRW 15 million to the Plaintiff by December 31, 2019.
However, the plaintiff is also demanding the payment of KRW 10 million which has not yet been due as of the date of closing the argument in this case. Therefore, it is necessary to request it in advance.
First, in the case of Defendant B, in light of the following circumstances known in light of the purport of the entire pleadings, i.e., a total of KRW 30 million, which was to be paid in the year 2017 and 2018, was not repaid at all, and as of the date of closing argument in the instant case, it is difficult to expect voluntary performance even if the end of 2019, which was due, arrives, because it is difficult to expect voluntary performance, since it is difficult for the Plaintiff to make a prior claim.
However, in the case of Defendant C, it is difficult to readily conclude that it is necessary to claim in advance the performance of KRW 10 million,00,000,000 not yet due as of the date of closing argument in the instant case, solely on the ground that Defendant C delays the performance of KRW 10,000,00 among the total amount of debt to be repaid until 2018, in view of the fact that the repayment of KRW 30,000,00,000, out of the total amount of debt to be repaid by 2018 and the existence of the remainder
2. The fact that Defendant C paid a total of KRW 20 million to the Plaintiff on December 15, 2016, which decided on Defendant C’s defense of payment, does not conflict between the parties, or that Defendant C paid a total of KRW 20 million.