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Reasons
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(영문) 서울남부지방법원 2019.01.15 2017가단257351
약정금
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1. The primary plaintiff A's claim against the defendants is dismissed.

2. The Defendants are jointly and severally liable to Plaintiff B.

Reasons

1. Facts of recognition;

A. The primary status of the Plaintiff A and the primary Plaintiff B are married, and Defendant D is the representative director of Defendant C, and Defendant C is a company that aims at both new construction and sales business of housing and commercial buildings, sales agency business, real estate rental business, housing site development business, and other incidental business related thereto, and the trade name before the alteration registration was made on September 7, 2016 is “Co. E”.

(hereinafter referred to as "Defendant C"). B.

Plaintiff

B paid KRW 175 million in total to Defendant D with the purchase fund for apartment units in the Dongjak-gu Seoul Metropolitan Government F District Housing Association, and KRW 150 million on November 25, 201 and KRW 25 million on March 15, 2011.

C. On October 22, 2012, Defendant D prepared and issued a written agreement (Evidence A4) stating that “I will immediately return the apartment unit in addition to the amount of KRW 175 million upon the request of B, and KRW 100,000,000,000,000,000,000,000,000,000 won.”

(2) On January 26, 2015, Defendant D again drafted and delivered a letter of payment (Evidence 6) stating that “I will immediately pay KRW 350 million after release, which is an amount equal to KRW 175 million paid out of the purchase fund, since Defendant D received KRW 175 million in relation to the right to sell apartment units related to the F Area Housing Association, but failed to perform the contract.”

(3) On July 30, 2015, Defendant D re-written and delivered, in the future, a letter of performance (Evidence A3) to the effect that “Defendant D’s default on its obligations will be paid at a prompt date KRW 350 million in total of KRW 1750,000,000,000,000 for the principal and interest of KRW 175,000,000,000,000,000 won.”

(4) In addition, Defendant C and Defendant D shall be on March 29, 2016.

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