약정금
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The following facts are deemed to have been led to the confession by Defendant B pursuant to Article 150(3) and (1) of the Civil Procedure Act between the Plaintiff and the Defendant B. There is no dispute between the Plaintiff and the Defendant C and D, or the overall purport of the pleadings is found to have been shown in the entries in subparagraphs 1 through 7 (including number number; hereinafter the same shall apply) and the evidence Nos. 1 through 4.
A. Defendant B is the head of the Plaintiff E Co., Ltd. (after that, the said company was changed to F, which was deemed dissolved on December 11, 2017; hereinafter “instant company”) who was engaged in the multi-level sales of health foods, and Defendant C and D are those who worked as sales employees of the instant company.
B. around 2009, Defendant B prepared and delivered each of the following descriptions to G (hereinafter “instant notes”) and Defendant C and D signed each of the instant notes.
In each letter, the amount above 15,400,000 won per day (Won 15,400,000 won) will be sold in compliance with the terms and conditions of the business entity of the Company E. If the circumstances arise due to the failure of the Company, B is responsible for the collection of 15,40,000 won.
If the sales amount of KRW 15.4 million is recovered, it shall be null and void.
The guarantor and manager C, D, and I undertake to be responsible for the progress and activation of the business.
C. Around June 2009, the Plaintiff intended to invest KRW 15,400,00 in the instant company and paid KRW 2,400,000 to the instant company with his own credit card, and remitted KRW 3,00,000 to the account in the name of the instant company as of June 4, 2009, and KRW 10,000,000 to the account in the name of the instant company.
From June 15, 2009 to June 26, 2009, the Plaintiff received KRW 7,024,085 from the instant company as allowances from her husband H to her husband H.
E. The Plaintiff filed the instant lawsuit against the Defendants, seeking payment of KRW 15,400,00,00 based on the copy of the instant written statement, and the Defendant C also filed the instant lawsuit.