beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for 40,000,000 won and each year from January 1, 2018 to February 19, 2018.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) was established for the purpose of public bath business and soup service and soup service, and is registered as the representative director by Defendant D’s children. Defendant D is the actual operator of the Defendant Company, and Defendant C is the wife of Defendant D and was registered as the auditor of the Defendant Company.
B. On September 21, 2015, F, the Plaintiff’s wife, entered into a lease agreement with the Defendant Company on the deposit of KRW 100 million, monthly rent of KRW 100,000,000,000 for 24 months from October 30, 2015, and deposit KRW 10,000,000 in the intermediate payment of KRW 30,000 on October 8, 2015 in the bank account opened in the name of Defendant C, respectively.
C. On behalf of the Defendant Company, on January 22, 2016, Defendant D drafted a written confirmation that the sum of the down payment and intermediate payment that he/she received as above should be returned to F by December 31, 2017 (hereinafter “instant confirmation”). Defendant C around that time entered his/her address and resident registration number in the back of the instant confirmation column, and signed on behalf of Defendant D, with the Defendant D’s address, resident registration number and name written in the “joint guarantor” column on behalf of Defendant D.
F around February 2018, according to the instant confirmation document, F transferred to the Plaintiff the agreed amount claim equivalent to KRW 40 million and the damages for delay payable by the Defendants. At that time, F notified the Defendants of the purport of the assignment of claims.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Gap evidence 6-1, 2, Eul evidence 1, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant Company agreed to return KRW 40 million to F by December 31, 2016 with the instant written confirmation, and Defendant D and C are the Defendant Company F.