1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

1. Defendant C’s judgment as to the cause of the claim is the person who served as the representative director of Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”), and Defendant D is the spouse of Defendant C and engaged in the construction business of the non-party company. The Plaintiffs seek against the Defendants the refund of the deposit KRW 100 million and delay damages claimed by the Plaintiffs on or around July 10, 2006 in the course of concluding the sale agency contract for the Yangcheon-gu Seoul Metropolitan Government F apartment (City Construction: Non-Party Company).

As to the legitimacy of the above assertion, when based on the evidence of the plaintiffs, the parties to the above sales agency contract (Evidence A1) are the non-party company, and the legal effect therefrom is not a natural person or agency involved in the business but a party, in principle, to the non-party company. Even if the defendant D, as alleged in the plaintiffs, prepared a receipt of the deposit money (Evidence A2-1 and 2) in the name of the non-party company, or made a request for the deferment of payment and a proposal for payment (or security) in lieu of payment (or security) in response to ex post consultation, etc., and participated in the above sales agency contract and the receipt of the deposit.

However, this is merely an act of an agent or agent to bring about a legal effect of a judicial act to the non-party company, who is the contracting party.

Since the non-party company was omitted or dissolved in insolvency, the representative director and the business agent are not subject to the contractual liability of the company, it is not against the current legal system that grants the corporate entity separate from the individual.

2. If so, the plaintiffs' claims against the defendants are dismissed as it is without merit, and the bearing of litigation costs is based on the overall circumstances presented in the pleadings.