양수금
1. The Defendants are jointly and severally liable to the Plaintiff for 60,000,000 won and the interest rate of 15% per annum from August 30, 2016 to the date of full payment.
1. Determination as to the cause of claim
A. In fact, Defendant B was convicted of committing a crime by deceiving D on April 18, 2001 and by deceiving 120,000,000 won, and was sentenced to a punishment.
(Seoul Central District Court Decision 2008No1570). Defendant C, the spouse of Defendant B, was detained by the above criminal facts and was tried by the Seoul Central District Court on November 21, 2007, prepared and sent to D a letter of commitment with the following contents:
(A) The terms and conditions of the performance agreement, such as the above statement, are “this Agreement,” and the above letter of commitment (hereinafter “the letter of commitment”) were submitted to the full bench in charge of the above criminal case on the same day. D submitted the letter of withdrawal of the complaint against Defendant B to the said full bench.
1. With respect to the agreement entered into with D in April 2001 with respect to the agreement to be agreed by the LAE, the following business operators undertake that the individual B and his wife C shall jointly and severally pay the agreed amount by December 31, 2008 by applying bank loan interest rate to the agreed amount.
2. In order to verify the guarantee under the above paragraph, the daily gold 0 million won, out of the deposit under the name of Gyeyang-gu Incheon Metropolitan City F apartment 321-2001 C, shall be guaranteed to you.
3.The deposit for the lease on a deposit basis for the above house shall be delivered by the owner of the house directly to the D himself after the date of the arrangement.
On November 21, 2007: B: CD, on July 7, 2016, the Plaintiff acquired from D the claim that D had against the Defendants under the instant agreement (hereinafter “instant claim”); and D, on July 18, 2016, notified Defendant B of the assignment of the claim.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3, 4, 5, 6 each entry, witness D's testimony, the purport of the whole pleadings
B. We examine whether the Defendant C has the authority to conclude a performance agreement with D on behalf of the Defendant B as described in the instant undertaking.
In full view of the purport of Gap evidence No. 6 and the whole arguments, defendant Eul requested the court responsible for a criminal trial to submit a written application for a prior action.