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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 40,000,00 and Defendant B with respect thereto from January 18, 2020, and Defendant C with respect thereto.
Reasons
1. Facts of recognition;
A. On November 27, 2019, the Plaintiff entered into a consulting service agreement with the Defendants that, upon delegation from the Defendants, the Plaintiff would pay KRW 40,000 to the Plaintiff by December 27, 2019 for real estate development projects (hereinafter “real estate site development”) for the real estate development projects (such as preparing a plan for real estate development projects, an application for approval of a business plan, and procedures for application for various authorization and permission, and consulting on real estate development projects. The Defendants paid KRW 145,00,000 to the Plaintiff at the time of preparation of the service contract (hereinafter “instant service agreement”). The Defendants agreed to pay KRW 40,000 to the Plaintiff on the day of the instant service agreement by December 27, 2019.
B. Meanwhile, on November 26, 2019, for the instant real estate development project, the Defendants provided the instant real estate (ownership of shares by Defendant B and Nonparty E), agreed to conduct a joint project by providing funds for the development project by Defendant C, and written a written performance of the agreement. The Plaintiff’s representative director F signed the written performance of the agreement as a confirmation letter (hereinafter “written performance letter of agreement”).
According to the letter of performance of the instant agreement, Defendant C shall pay KRW 30 million as loans to Defendant B until November 27, 2019, and pay interest on KRW 2 billion as loans to the instant real estate by six months from the date of the execution of the agreement. By December 27, 2019, Defendant C shall file an application for provisional attachment (the amount of provisional attachment claim KRW 240,000,000) against part of the instant real estate and terminate the provisional attachment (the amount of provisional attachment claim KRW 2.4 billion) by December 27, 2019, and Defendant B shall file an application for termination of the deposit with Defendant C by December 6, 2019.