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1. The Defendants jointly share KRW 35,000,000 with respect to the Plaintiff and Defendant B, from December 1, 2015.
Reasons
1. Facts of recognition;
A. On July 29, 2015, the Plaintiff agreed to lend funds from Defendant B (hereinafter “Defendant Company”) to the Plaintiff for the settlement of the amount of the amount of the monthly credit received from the Plaintiff. On July 29, 2015, the Plaintiff concluded an agreement between D and Defendant Company, which used the Defendant Company’s position as the president of the Defendant Company and was actually involved in the management of the Defendant Company, to lend funds to the Plaintiff by opening a letter of credit with the Defendant Company as its beneficiary at a domestic bank and settling the amount of the said documentary credit (hereinafter “instant agreement”). In order to guarantee the Plaintiff’s obligation to borrow loans equivalent to the amount of the said documentary credit, the Plaintiff paid KRW 70,00,000 to the Defendant Company as deposit money.
B. However, the Defendant Company violated the instant agreement because it did not perform its duty to issue the said letter of credit, and the Plaintiff and the Defendant Company agreed to terminate the instant agreement around September to October 2015, and the Defendant Company did not refund the said deposit, and the Plaintiff filed a complaint against D, the president of the Defendant Company, against the charge of fraud.
C. After that, on November 17, 2015, the Plaintiff and the Defendant Company agreed to enter into an agreement on the above accusation case with the arbitration by Defendant C, and the Defendant Company agreed to pay KRW 35,000,000 as part of the deposit refund amount on the day, and the remaining KRW 35,000,000 until November 30, 2015.
At the time of the above agreement, Defendant C, who had been in office of the Defendant Company at the time of the above agreement, prepared a written confirmation (Evidence A No. 3) stating that “I will complete payment to the Plaintiff by the end of November of the said agreement with respect to the instant case, and will confirm that there is no complaint except for the instant case.”
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 4, the purport of the whole pleadings
2. Determination.