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1. Defendant D and Defendant F are jointly and severally liable to the Plaintiffs for KRW 90,000,000 and the same from December 31, 2016.
Reasons
1. Basic facts
A. The Plaintiffs are joint businessmen engaged in wholesale business, such as chemical medicine, with the trade name H.
B. On October 8, 2013, H entered into a contract with Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”). Around January 25, 2016, the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) under which the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) granted H the exclusive right to sell the high seas non-pollution, tobacco, and smoke spread agents manufactured by the Defendant Co., Ltd for three years from the date of the contract; H sells more than 60,000 persons during the contract period, more than 20,000 persons each year, and pays 150,000,000 won as the performance bond to the Defendant Co., Ltd. (hereinafter “instant contract”).
Accordingly, H paid 150,000,000 won to the Defendant Company.
C. Thereafter, on October 14, 2014, Plaintiff A and Defendant G drafted a written agreement to reverse the contractual terms of October 10, 2013, which read that “H and Defendant Company agreed to return KRW 100,000,000 out of the contractual performance guarantee amount of KRW 150,000,000 to H by October 10, 2016, which is the expiration date of the contract” (hereinafter “instant written agreement”), and Defendant G signed on the side of “G” in the lower part of the said agreement.
Meanwhile, on February 24, 2014, Plaintiff A remitted KRW 15,000,000 to the Defendant Company’s account; KRW 3,000,000 to the Defendant G account on March 27, 2014; and KRW 3,000,000 to the Defendant Company’s account on April 30, 2014; and Defendant Company remitted KRW 10,000,00 to Plaintiff A on December 30, 2016.
E. On March 17, 2017, Plaintiff A sent a text message to Defendant F, stating that “I did not deposit the money which was sent to Defendant F by the end of February, 2017,” and “I do not comply with the promise and therefore our circumstances are good and difficult.” On the same day, Defendant F sent a text message stating that “I will make an effort to resolve at a low time, and do not do so more at a low rate than 10 million.”
A complaint of this case is filed.