양수금
1. The plaintiff's appeal is 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. Facts of recognition;
A. On January 10, 2018, the Plaintiff: (a) on January 10, 2018, leased KRW 100 million to C with interest rate of KRW 100 million per annum; and (b) on November 30, 2018.
B. Preparation of the letter of undertaking between C and the Defendant: (i) C is the representative director of D Co., Ltd. in charge of the sale business of privatecheon E apartment; (ii) around August 2018, the construction company conducted negotiations with F on October 2018, when the construction company colored the replacement work for the defaulted or replacement for the replacement.
F demanded D to accept consent of at least 80% of the buyers ( approximately 70% at the time of sale in lots) before he/she takes charge of his/her construction.
② The Defendant, who filed a lawsuit for the return of the purchase price of the above apartment, was operating the NAV. However, on December 20, 2018, C, along with F’s vice head, etc., prepared a letter of undertaking with the Defendant as follows (hereinafter “instant letter of undertaking”), and transferred KRW 100 million to the Defendant on the 27th of the same month.
The defendant shall agree and actively cooperate under the following conditions:
(1) A broadband shall be closed.
(2) A 300,000 won shall be refunded to an individual.
(3) A contractor shall actively cooperate in raising the consent rate of 10%.
(4) No lawsuit shall be instituted.
The defendant shall undertake to comply thoroughly with the above matters, and C shall undertake the following conditions:
(1) 400 million won shall be paid until December 27, 2018.
(2) If the contractor's consent rate of 10% is achieved, 400 million won shall be paid immediately.
C. On March 27, 2019, C entered into a contract with the Plaintiff on the assignment of claims and notification of the assignment of claims between the Plaintiff and C with respect to the instant promise (hereinafter “instant assignment of claims”) with respect to the Defendant, and on the following day, C notifies the Defendant of the assignment of claims and the Defendant on the 29th day of the same month.