약정금
1. The Plaintiff, Defendant A’s 105,470,000 won and the above amount are 5% per annum from April 1, 2015 to December 1, 2016.
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1-1, 2, 2-2, 2-3, and Gap evidence 3-1, 2-3:
On December 22, 2014, Defendant A, the representative director of Defendant C (hereinafter “C”) (hereinafter “C”), was selected as a food materials supplier in D, and thus, the Plaintiff could help the Plaintiff receive the license for self-marketing business. In return, the Plaintiff demanded KRW 150 million from the Plaintiff’s receipt of the license for self-marketing business. Upon Defendant A’s request, the Plaintiff transferred KRW 30 million to the E’s account, which is the children of Defendant B, KRW 30 million on December 31, 2014, and KRW 20 million on January 23, 2015.
B. On December 31, 2014, the Defendants: (a) drafted a letter of loan stating that “If the Plaintiff borrowed KRW 30 million from the Plaintiff with respect to the D self-reader’s license, and is not registered by January 2015, the above amount shall be refunded” (Defendant B is written in the name of “E”; and (b) Defendant A drafted and awarded to the Plaintiff on March 12, 2015, a letter of loan stating that “The Plaintiff shall pay KRW 105,470,000, total of KRW 55,470,000 that was borrowed from the Plaintiff and the expenses incurred in preparing for the three-month program” to the effect that “The Plaintiff shall be reimbursed by March 31, 2015.”
2. The plaintiff's assertion (1) that the defendants deceptioned the plaintiffs without any intention or ability to acquire the right to operate the D self-readers business, and received KRW 55,470,00,00 from the plaintiffs, and caused damages equivalent to KRW 55,470,00 as a preparation for the business, so the defendants are jointly obligated to compensate the plaintiff for damages, or the plaintiff is not able to jointly obtain the right to operate the D self-readers business from the plaintiff, and it is impossible to perform it even if the plaintiff acquired the right to operate the D self-readers business from the plaintiff, so the defendants are obligated to pay the above money due to restitution or compensation for damages.
(2) The Defendants are limited to KRW 50 million in return for the principle of acceptance of the D self-reader program.