beta
Text
The Defendants jointly set up for the Plaintiff KRW 250,000,000 and KRW 150,000 among them, from March 28, 2017, and KRW 100,000.
Reasons
1. Facts of recognition;
A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company engaged in real estate enforcement and development, real estate lease management, and merchandise coupon sales and marketing, etc., and Defendant B is an actual operator of the Defendant Co., Ltd., who was appointed as an auditor of the Defendant Co., Ltd. on January 12, 2017.
B. The Plaintiff’s delivery of money to Defendant B, etc. 1) the Plaintiff was an operator of D Co., Ltd., and around March 2017, the Plaintiff was in need of funds to acquire “F” buildings located in Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu.
2) On March 8, 2017, the Plaintiff and the Defendant Company entered into a consulting agreement with the Defendant Company to make the appraisal value of “F” building 180 billion won and to issue a guarantee certificate of KRW 117 billion which is 65% of the appraised value and to provide the Plaintiff with the purchase price of the building and operating funds of KRW 17 billion, and the Plaintiff, upon raising the said funds, paid KRW 2.34 billion to the Defendant Company as the advisory fee for the service, and paid KRW 150 million in advance at the expense of performing his duties (hereinafter “the instant consulting agreement”). The Defendant B signed and sealed the said agreement as the guarantor of the Defendant Company’s joint signature.
3) On the same day, Defendant B introduced G as the Plaintiff’s employee and appraiser at the Defendant Company’s office. Defendant B, as such, was well aware of the Plaintiff’s overall affairs and appraiser, thereby providing the Plaintiff with business funds according to the above consulting agreement.
The term "" refers to the following.
However, at the time of the conclusion of the instant consulting contract, Defendant B was aware of the fact that G was not a H company employee, and there was no intention or ability to obtain a guarantee certificate under the Defendant B’s agreement from the Guarantee Insurance Company due to the lack of other insurance company’s knowledge of the intent or experience in performing the work, and even if receiving money from the Plaintiff, it was a plan to use it for personal purposes, such as living expenses.
4) Defendant B issued a letter of guarantee from the Plaintiff on March 8, 2017.