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1. The Plaintiff:
A. Defendant C limited liability company shall pay KRW 53,000,000 and interest thereon from June 2, 2016 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On February 16, 2016, Defendant B Co., Ltd. (hereinafter “Defendant B”) purchased real estate listed in the separate sheet, which was sold in lots, at KRW 48,000,000, and paid the sale price in full on the same day.
B. Defendant C limited liability company (hereinafter “Defendant C”) agreed to pay KRW 5 million to the sale price in addition to the sale price in the event that the Plaintiff is unable to receive transfer of ownership on the real estate listed in the attached list with Defendant B.
C. On May 10, 2016, Defendant B completed the registration of ownership transfer with respect to the real estate stated in the separate sheet to D.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 6, the purport of the whole pleadings
2. Judgment on the confession as to the claim against Defendant B (Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act)
3. Determination as to the claim against Defendant C
A. Defendant C promised not to impose any civil or criminal liability on Defendant C until June 30, 2018, which constitutes a special clause on an additional suit. Since the Plaintiff violated this provision and filed the instant lawsuit, the instant lawsuit is unlawful.
According to the evidence evidence No. 6, "A" between the plaintiff and E was entered into between the plaintiff and the F building A on February 16, 2016, and Eul (E) promised to pay for the sale price by June 30, 2018 on behalf of the limited liability company C in lieu of a letter of commitment made by the limited liability company C in lieu of a letter of commitment made by the limited liability company C in lieu of a letter of commitment to pay for the sale price: Provided, That when the amount of credit is received from B, the amount calculated by subtracting the amount received shall be paid.
In addition, it shall not impose any civil or criminal liability previously held before.
(b) revoke the attachment enforcement taken by C and withdraw the civil action taken;
If the above is not observed, this undertaking shall be null and void.
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