beta
(영문) 수원지방법원안산지원 2020.10.15 2019가단68254

약정금

Text

Defendant C, D, and E jointly and severally with the Plaintiff KRW 91,406,040 and its related amount from January 25, 2018 to November 19, 2019.

Reasons

1. Claim against the defendant B

A. The gist of the assertion asserts that the Plaintiff is jointly and severally liable with Defendant C, etc., inasmuch as the Plaintiff entered into an investment agreement with Defendant C, D, and E (hereinafter “Defendant C, etc.”) upon introduction from Defendant B, and Defendant B, such as liaison with Defendant C, etc. only through Defendant B, etc., was a party leading to the conclusion of the said investment agreement.

On the other hand, Defendant B merely introduced Defendant C to the Plaintiff’s side and did not have the obligation to pay the agreed amount to the Plaintiff as it is not a party to the investment agreement concluded between the Plaintiff and Defendant C, etc.

B. According to each of the records of the judgment fee, Gap evidence Nos. 1 and 4 (including the number of branch numbers; hereinafter the same shall apply), it can be acknowledged that defendant B delivered the details of the investment agreement to the plaintiff on or around January 17, 2018, and that defendant C, etc. issued the plaintiff two times a written confirmation that the above investment agreement was signed by the defendant B.

However, the following circumstances are revealed in Gap evidence 4 and Eul evidence 1: ① the defendant C, D, and B’s name signed on January 27, 2018 (Evidence 4-1-1); ② the confirmation document of February 19, 2018 (Evidence 4-2) is a document confirming the obligation to pay the investment agreement to the plaintiff by the defendant Eul Co., Ltd., and the defendant C’s name bears the obligation to pay the amount of the investment agreement, and thus it is clearly stated that the obligation to pay the money is to bear the obligation to pay the money together, but it is not clear whether the defendant Eul’s name stated only “content confirmation” and it is jointly responsible for the payment of the money. ③ In addition, the defendant B, as a party to the investment agreement, has not been submitted sufficient data to deem that it is jointly and severally liable for the payment of the investment agreement with the defendant C, etc. as a party to the investment agreement.