(영문) 서울남부지방법원 2016.09.29 2014가합12332

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(영문) 서울남부지방법원 2016.09.29 2014가합12332

약정금 등

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1. The plaintiff's main claim is dismissed.

2. Defendant B and C shall jointly and severally serve as the Plaintiff KRW 792,194,855 and 77.

Reasons

Basic Facts

The Plaintiff, including the status of the parties, is a person who operated sawna in the name of “I” from Yangcheon-gu Seoul Metropolitan Government F and H apartment underground 1 and 2 (hereinafter “instant real estate”) owned by the Plaintiff. Defendant E, both of Defendant C, Defendant B and Defendant B, was a director of the J Co., Ltd. (hereinafter “party involved in the litigation”) and Defendant D is a person who is under the title of Defendant B.

On June 22, 2005, while operating “I”, the Plaintiff entered into a sales contract with K on June 22, 2005, which was to substitute part of the remainder for the acquisition of the secured debt in the name of L Bank (hereinafter “instant collateral security”) under the name of L Bank (hereinafter “instant collateral security”) which was established on the instant real estate, with the acquisition of the secured debt in the name of L Bank (hereinafter “instant loan obligation”), and received KRW 180 million, including the down payment, from K.

However, K did not accept the proposal presented by L Bank on the condition of assumption of obligation, and requested K to terminate the contract with the Plaintiff and return the down payment already paid.

Defendant B, who became aware of such fact, recommended the Plaintiff to sell the letter of apology to the Plaintiff.

Defendant B, along with Defendant C, who is the representative director of J, requested sale to the Plaintiff with the proposal that “The sales would increase if the remodeling works are to be performed in I, all existing service tenants will be present and new service tenants shall be recruited, and the deposit for the existing service tenants shall be returned to K with the lease deposit received from them, and the amount of the installment repayment of the loan obligations to L Bank and the interest interest shall be appropriated as well as the remodeling construction cost.” The Plaintiff received the proposal from Defendant B and C.

Accordingly, the plaintiff concludes a sales contract with K.

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