약정금
1. The Defendants are jointly and severally liable to receive each movable property listed in the separate sheet No. 1 from the Plaintiff.
1. The Plaintiff’s determination on the Plaintiff’s claim sought payment of the agreed amount without withdrawing from the Plaintiff even after the Plaintiff succeeded to the instant litigation procedure on the grounds that the Plaintiff’s succeeding intervenor had been transferred the claim from the Plaintiff. However, insofar as the Plaintiff already transferred the claim for the agreed amount to the Plaintiff’s succeeding intervenor, it cannot be claimed against the Defendants as long as the Plaintiff already transferred it to the Plaintiff’s succeeding intervenor.
Therefore, the plaintiff's assertion is without merit without further review.
2. Determination on the claims of the Plaintiff’s succeeding intervenor
A. Factual basis 1) Defendant C Co., Ltd. (hereinafter “Defendant C”)
around June 30, 2015, the Plaintiff
7. Before 30.30.00, Defendant D signed and sealed the payment note as a guarantor, stating that it will pay KRW 320,000,000 (hereinafter “instant payment note”).
2) On June 30, 2016, the Plaintiff’s succeeding intervenor’s claim against the Plaintiff for the agreed amount under the instant payment note (hereinafter “instant agreed amount claim”).
(A) On July 18, 2016, the Plaintiff acquired the shares, and notified the Defendants of the assignment of the shares. [The Plaintiff did not have any dispute over the grounds for recognition, the entry in Gap evidence 1, Eul evidence 7, and the purport of the entire pleadings.]
B. The summary of the parties’ assertion is that the Intervenor succeeding to the Plaintiff sought payment of the agreed amount under the instant payment note against the Defendants. The Defendants merely requested the Plaintiff to pay the amount of the claim to enhance the credit rating in the course of obtaining the loan from the bank. However, the Defendants are limited to the Plaintiff to prepare the sales contract concluded with Defendant D on April 1, 2014, including the remainder of KRW 180,000,000,000, which was due to delay in payment of the intermediate payment, and KRW 320,000,000,000, which was due to delay in payment of the intermediate payment.