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1. The Defendants jointly share KRW 30,000,000 with the Plaintiff and Defendant B with respect thereto from October 16, 2013 to January 7, 2016.
Reasons
1. Facts of recognition;
A. On August 21, 2013, the Plaintiff: (a) heard from Defendant B, who became aware of the introduction of Defendant A, that KRW 30,000,000,000 from Defendant B would have the Plaintiff be ordered to perform the C Hotel work in the form of activity expenses; (b) transferred KRW 30,000,000 to Defendant A’s account in the name of Defendant A on August 21, 2013; and (c) Defendant A delivered this to Defendant B.
B. On August 21, 2013, Defendant B drafted and delivered a letter of performance (a certificate No. 4; hereinafter “the letter of performance of the instant case No. 1”) stating that “If the Plaintiff promised to receive part of the right to construction of a hotel C (540 room) from the Plaintiff and received KRW 30,000,000 as expenses for various activities according to the order, and if the said construction is not received by September 30, 2013, Defendant B shall return the said amount in full by October 15, 2013.”
C. However, on February 5, 2014, Defendant B did not perform the obligation to return according to the execution note of this case without the formation of the contract, and Defendant A, upon the request of the vice president of the Plaintiff in charge of the Plaintiff on February 5, 2014, prepared and delivered a performance note (a evidence No. 1; hereinafter referred to as “the execution note No. 2 of this case”) stating, “The above principal promised to repay the amount already deposited in relation to the E Hotel Art. 30,000,000, which is in progress by the D Company, by February 20, 2014, and will fulfill any legal responsibility when the promise is not performed.”
According to the statement of the second performance of this case, Defendant A’s individual date of birth and address are stated on the upper part of the above contents, and at the bottom, the corporate seal is affixed on the side of the statement “F representative A” and the address of Defendant F is indicated.
[Reasons for Recognition] Defendant B: The fact that there is no dispute, each entry of evidence A 1 through 4, and the purport of the whole pleadings under Article 150(1) and (3) of the Civil Procedure Act
2. Claim against the defendant B
A. Defendant B is the first day of this case.