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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 170 million and the remainder thereof:
A. As to KRW 10 million, May 28, 2015.
Reasons
1. Facts of recognition;
A. On March 2015, Defendant B Co., Ltd. (hereinafter “company”) (hereinafter “instant project”) conducted the business of constructing and selling the instant housing (hereinafter “instant housing”) on the ground of land D, E, and F in Gyeyang-gu, Gyeyang-gu, Young-gu (Seoul).
B. Defendant C was in charge of the construction site management and sales contract as the management director of Defendant C as a part of the representative director G of Defendant C.
C. On May 28, 2015, the Plaintiff entered into a sales contract with the Defendant Company, the operator of the instant project, on condition that the sales price shall be KRW 150 million for H and I among the instant housing, and the sales price shall be KRW 110 million for each contract, and the remainder shall be KRW 40 million for each contract.
On May 28, 2015, the Plaintiff paid KRW 220 million to the Defendants by means of remitting down payment and intermediate payment of KRW 220 million to the instant housing site under the name of J, the owner of the instant housing site.
E. On October 2015, the Plaintiff agreed to cancel the sales contract for the instant housing H on the condition that the Defendants and the Defendants receive additional penalty of KRW 60 million in addition to KRW 110 million paid as sales price in connection with the instant housing H, as well as KRW 10 million.
F. The Defendants only paid to the Plaintiff a total of KRW 110 million, including KRW 60 million on October 12, 2015 and KRW 50 million on December 2, 2015, and did not pay to the Plaintiff a penalty of KRW 60 million as agreed.
G. After that, the Defendants concluded double sales contracts with K on the instant housing No. 1, and the third party currently occupies and uses the instant housing No. 1.
H. Defendant C received a total of KRW 220 million from the Plaintiff for the sale price of the instant housing H and I, and the intent or ability to pay KRW 60 million in penalty according to the direction of G by the representative director of the Defendant Company G.