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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 57,00,000 and 5% per annum from October 1, 2016 to May 10, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff entered into a three-term equipment contract with the Defendants and completed the three-term equipment contract. On June 29, 2016, the Plaintiff entered into an agreement with the Defendants regarding KRW 257 million due to the unpaid payment (hereinafter “instant agreement”) and entered into a written agreement as follows.
(1) The total amount to be repaid shall be KRW 20 million, and shall be KRW 50 million on July 29, 2016, which is the first repayment date, and the second repayment date shall be August 31, 2016, and the third repayment date shall be September 30, 2016, respectively.
② In the absence of any agreement, the Defendants shall not raise an objection to the payment of KRW 257 million to the Plaintiff, which is the original amount, not the agreed amount.
B. The Defendants paid KRW 200 million after the lapse of the third repayment date.
[Ground of recognition] Unsatisfy, entry of Gap evidence No. 1, purport of whole pleadings
2. According to the above facts, the defendants are obligated to pay 257 million won, which is the original amount of debt pursuant to the agreement of this case, by failing to pay the agreed amount at the agreed payment date. Among them, the plaintiff is the plaintiff who has been paid 200 million won. Thus, the defendants are jointly and severally liable to pay to the plaintiff the remaining amount of 57 million won (=257 million won - 200 million won) and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from October 1, 2016 to May 10, 2017, which is the day following the last payment date, from the date of delivery of the complaint to May 10, 2017, and the damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.