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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 65,00,000 and KRW 30,000 among them, from December 31, 2018 to December 31, 2019.
Reasons
1. On December 10, 2018, the Plaintiff entered into an agreement with Defendant B to pay KRW 65,000,000,000 from Defendant B while settling accounts of the obligation related to the construction project, which was around February 10, 2008. Of which, 30,000,000 won was paid until December 30, 2018, and 35,000,000 won was paid until February 28, 2019 (hereinafter “instant payment agreement”). Defendant C Co., Ltd (hereinafter “Defendant Co.”), under the instant payment agreement, jointly and severally guaranteed the obligation to pay KRW 65,00,00 to Defendant B’s Plaintiff under the instant payment agreement.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, the Defendants are jointly and severally liable to jointly and severally pay to the Plaintiff KRW 65,00,000 per annum from December 31, 2018 to July 24, 2019, which is the day after the due date for the delivery of the complaint of this case, to the day after July 24, 2019, and to the day after the next day to the day after the due date for the delivery of the complaint of this case, to the amount of delayed damages calculated at the rate of 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and to the day after the due date for the delivery of the complaint of this case from March 1, 2019 to July 24, 2019, to the day after the due date for the delivery of the complaint of this case, 5% per annum as stipulated in the Civil Act, and 12% per annum as stipulated in each Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
B. As to this, the Defendants paid approximately KRW 60,000,000 to the Plaintiff around February 2008, but only paid KRW 30,000,000 among them around February 2, 2009, and only paid KRW 30,000,000 to the Plaintiff. The remainder of KRW 30,000,000 did not exist since the Defendants paid to the Plaintiff the Plaintiff’s obligee on behalf of the Plaintiff with the repayment of KRW 30,00,00 to the Plaintiff.
The argument is asserted.
In addition, the circumstances asserted by the Defendants are the transfer of the payment agreement of this case on December 10, 2018, and further, the Defendants are the defendants.