손해배상(기)
1. The Defendants each of the KRW 18,750,000 to the Plaintiff, as well as 5% per annum from July 1, 2017 to June 14, 2018.
1. Facts of recognition;
A. On November 27, 2015, the Defendants agreed to divide profits from the E, F, G, H, I, J, K, and L land (hereinafter “instant land”) in the name of D and D, and then divide profits from the construction of a building in the name of D to sell the building in units, and after deducting taxes, public charges, and project expenses, etc., at the rate of 60%: D40% (hereinafter “instant business agreement”).
B. On November 27, 2015, the Defendants paid the down payment of KRW 200,000,000 to D in accordance with the instant business agreement, and thereafter paid KRW 60,000,000.
C. On March 7, 2016, the Plaintiff agreed to take over 30% of the Defendants’ shares in the instant partnership agreement with the Defendants and to pay KRW 100,000,000, and later to pay KRW 150,000.
(hereinafter “instant agreement on succession to the partnership business”). The main contents are as follows:
Paragraph 4: The defendants shall be held responsible for a road use music report in the vicinity of the project site by the time the building permit is received, and the amount paid by the plaintiff shall be promptly refunded.
Paragraph 6: To pay to D the full amount of KRW 00 million to be paid to D, the date this Agreement is drawn up again with D (land owner).
D. On March 7, 2016, the Plaintiff paid KRW 100,000,00 to the Defendants.
(e) KRW 70,000,000 was paid to D upon the request of the Defendants. (e)
The dispute occurred between the Defendants and D, and the Defendants filed an application against D for provisional injunction against the instant land disposal on May 27, 2016.
(No. 2016Kahap125). (f) The Defendants decided to terminate the partnership agreement with D on July 19, 2016, and received KRW 135,000,000 as penalty, for both the principal invested in D and the instant partnership agreement.
Since then, the Plaintiff received return of KRW 100,000,000 as investment principal from the Defendants.
2. The parties' assertion
A. The Defendants, around the Plaintiff, arbitrarily embezzled the settlement amount of KRW 135,000,00 pursuant to the instant agreement on the succession to the partnership business, and thus the Defendants are jointly and severally liable.