beta
Text
1. The Defendants jointly and severally liable to the Plaintiff KRW 45,00,000 and the Defendants C with respect thereto from July 4, 2019, and Defendant D with respect thereto on July 4, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff purchased land located outside E and two parcels (hereinafter “instant real estate”), and Defendant C is the seller of the instant real estate, and Defendant D is the general manager.
B. On January 2, 2018, the Plaintiff entered into a project implementation agreement with Defendant C to determine the total amount of KRW 120 million with respect to the instant real estate as KRW 120 million and to purchase and construct the instant land (hereinafter “instant contract”). The Plaintiff paid the down payment of KRW 40 million to Defendant C around that time.
C. Since then, it became difficult to maintain the instant contract due to the event of the trial, Defendant C, on November 30, 2018, prepared a letter of undertaking to return the down payment of KRW 40 million to the Plaintiff by December 20, 2018, but failed to comply with it.
On March 14, 2019, the Defendants agreed to refund KRW 45 million to the Plaintiff by June 20, 2019, including down payment and provisional seizure expenses for real estate, increase in land price, etc.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. According to the facts found in the judgment on the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 45 million and the damages for delay calculated at the rate of 12% per annum from July 4, 2019 following the delivery of a copy of the instant complaint to the Plaintiff, and Defendant D is jointly and severally liable to pay to the Plaintiff the damages for delay calculated at the rate of 12% per annum from August 10, 2019 to the day of full payment after the delivery of a copy of the instant complaint to the day of full payment.
3. If so, the plaintiff's claim against the defendants is reasonable, and it is so decided as per Disposition by the assent of all.