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1. The Defendants are jointly and severally liable to each of the Plaintiffs with respect to KRW 60 million and each of the said amounts, Defendant C from May 31, 2016.
Reasons
1. Facts of recognition;
A. On October 2, 2010, the Plaintiffs entered into a joint agreement with the E, Defendant C, as well as the K (hereinafter “instant restaurant”).
B. On October 30, 2015, the Plaintiffs sold their shares in the instant restaurant to the Defendants for KRW 200 million. The Defendants jointly and severally paid the purchase price, and the amount of KRW 20 million out of the purchase price was until October 30, 2015, up to October 30, 2016, and KRW 100 million was paid until May 30, 2016. If the Defendants fail to pay money within the payment date, the Plaintiffs concluded a contract for sales of shares to pay interest at a rate of KRW 30% per annum (hereinafter “instant contract for sales of shares”).
C. Defendant D paid the Plaintiffs KRW 20 million on October 30, 2015, and KRW 60 million on January 30, 2016.
[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole pleading
2. According to the above facts of determination as to the cause of claim, barring special circumstances, the Defendants are jointly and severally liable to pay to the Plaintiffs the remainder of KRW 120 million (per Plaintiff each KRW 60 million) pursuant to the share sales contract of this case and damages for delay calculated at the rate of 13% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment, as they seek by the Plaintiffs. Defendant C from May 31, 2016 until December 18, 2018 when the duplicate of the complaint of this case was served on the above Defendant; Defendant D is jointly and severally liable to pay to the Plaintiffs the remainder of the purchase price of KRW 120 million (per Plaintiff each KRW 60 million) and damages for delay calculated at the rate of 15% per annum as of August 2, 2018 when the duplicate of the complaint of this case
3. The Defendants’ assertion and determination are: (1) Defendant D paid KRW 80 million out of their own share of KRW 100 million; and (2) the Plaintiffs sold the instant restaurant to a third party and paid KRW 100 million out of their purchase price.