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1. The Defendants are jointly and severally liable to the Plaintiff for 200,000,000 won and the period from September 6, 2007 to August 31, 2017.
Reasons
1. Basic facts
A. On August 11, 2007, the Plaintiff entered into an apartment joint business agreement (hereinafter “instant agreement”) with the Defendant Company (the trade name before the change: Co., Ltd.). The main content of the agreement is that “the Plaintiff shall transfer KRW 100 million to the Defendant A as business performance guarantee, and the Defendants shall deposit KRW 50 billion in a bank under the name of the land contract with the Plaintiff, and immediately issue a balance certificate, passbook copy, and written consent for the use of funds to the Plaintiff.”
B. On August 11, 2007, the Plaintiff remitted KRW 100 million to Defendant A in accordance with the instant agreement, but the Defendants did not issue the documents to the Plaintiff at the time of issuance, and upon which the Plaintiff demanded the return of KRW 100 million to Defendant A, the Defendants on August 17, 2007, when the Plaintiff demanded the return of KRW 100 million to the Plaintiff, and the Defendants on August 17, 2007, “if the Defendants fail to perform their duties after August 21, 2007, they shall refund KRW 100,000,00
“The Plaintiff prepared a written statement of payment.” (c) The Defendants did not perform their obligations promised until August 21, 2007, and urged the Plaintiff to re-enter the Plaintiff, and Defendant A drafted a letter of payment with the purport that “the Plaintiff would pay KRW 200 million up to August 23, 2007,” on August 22, 2007, and on August 30, 2007, drafted a new letter of payment with the purport that “the said KRW 200 million will be paid up to August 23, 2007,” and the remaining KRW 100 million will be paid first on September 30, 2007.”
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. The Defendants asserted to the effect that the Plaintiff’s lawsuit against the Defendants was unlawful on the grounds that the joint representative D, and E filed the instant lawsuit despite the fact that the Plaintiff was dissolved.
However, even a company which is deemed to be dissolved and the liquidation of which is terminated in accordance with Article 520-2 of the Commercial Code, still remains a legal relationship.