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Reasons
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(영문) 창원지방법원 2019.10.01 2019가단5188
약정금 등
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion is the representative of the LAB and the defendant C is the regular director of the same company.

The Defendants conspired with the Plaintiff to sell the sloping beam of the voice branch through E and F, and concluded a sales contract while concluding the sales contract.

On July 17, 2018, the Plaintiff entered into a sales contract with D and D and remitted KRW 100,000,000 to the deposit account of D and D.

The plaintiff visited the voice branch of G in July 23, 2018, but it was not permitted to remove the purchased goods.

After that, E and Defendant B returned to the Plaintiff KRW 30,000,000 out of the above purchase price.

On July 27, 2018, Defendant C agreed to return the unclaimed amount of KRW 70,000,000 out of the above purchase price to the Plaintiff until March 23, 2018, and pay KRW 20,000,000 for penalty until August 15, 2018. Defendant C guaranteed the above obligation of Defendant C.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 90,000,000 (=the amount of KRW 70,000,000 which is not returned out of the sale price) and damages for delay after August 16, 2018, which is the date of the agreed payment.

2. Determination:

A. According to each of the statements in Gap evidence Nos. 1 and 4, the following facts are recognized:

1) On July 17, 2018, the Plaintiff entered into a sales contract with the Plaintiff to purchase the scrap metal, etc. located in the G, which is located in Chungcheongnam-gun A, from July 17, 2018 to August 22, 2018, with a contract term of KRW 100,000,000. (2) On July 17, 2018, the Plaintiff paid KRW 100,000,000, to the Plaintiff.

3. On July 27, 2018, the LAD agreed to pay the Plaintiff the amount of KRW 70,000,000 not returned to the Plaintiff by August 3, 2018, penalty of KRW 20,000,000 by August 15, 2018, and E jointly and severally guaranteed the obligation of the agreed amount.

B. However, Defendant C agreed to return KRW 90,000,000 to the Plaintiff on the sole basis of the fact of the above recognition, although the Defendants’ obligation to pay the agreed amount was incurred.

or Defendant B.

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