계약금반환
1. All appeals filed by the defendant (appointed party) and the appointed party C are dismissed;
2. The costs of appeal are assessed against the defendant (appointed party) and the defendant.
1. In full view of Gap evidence No. 2 and evidence No. 3-1 and 2 as to the cause of the claim, the plaintiff filed a lawsuit claiming the return of the down payment amount of KRW 5,00,000 against the limited partnership company (hereinafter "Gyeongjin Underground Development") and filed a lawsuit claiming the return of the down payment amount of KRW 5,00,000 with the Cheongcheon-gun District Court 2005Gaga1923 on May 31, 2005, Cheongcheon-gun District Court 2005Da1923, which stated that the plaintiff shall pay to the plaintiff the amount of KRW 5,00,000 and the amount of KRW 20% per annum from May 5, 2005 to the day of full payment (hereinafter "the judgment of this case"); the defendant (Appointed party) and the appointed party C are the general partner with unlimited Underground Development; and the fact that assets still remain in operation from around 202.
Article 212(1) of the Commercial Act provides that when the assets of a partnership company cannot be fully repaid with the assets of the partnership company, each partner shall be jointly and severally liable for payment. The above provision applies mutatis mutandis to the liability of the general partner with unlimited liability in the limited partnership company to the creditors of the company (Article 269 of the Commercial Act). According to the above facts of recognition, the defendant (Appointed Party) and the appointed parties, who are the general partner with unlimited liability in the light underground development, are jointly and severally liable to pay the plaintiff 5,00,000 won and damages for delay calculated at the rate of 15% per annum from November 14, 2015 to the day of full payment, which is the date of final delivery of the copy of the complaint of this case sought by the plaintiff.
2. Determination as to the defense, etc. of the defendant (appointed party)
A. 1) The summary of the Defendant (Appointed Party)’s assertion that Defendant (Appointed Party) is liable (the appointed Party entered into a construction contract with the Plaintiff on 1998 at KRW 20,000,000 for the construction cost, which is to develop groundwater on the Plaintiff’s land, and commenced the construction work after receiving down payment of KRW 5,00,000 for the down payment. The Plaintiff’s additional facilities were installed as a result of a shortage of quantity.