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1. The Defendants are jointly and severally liable to the Plaintiff.
(a) KRW 93,00,000 and each of them in the list (attached Form 1).
Reasons
1. Facts of recognition;
A. The Plaintiff, by deceptioning from E, obtained money equivalent to KRW 321 million, and E was tried due to the offense of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the status of detention.
B. Accordingly, on October 16, 2013, Defendant C and D, who are the husband of Defendant B and their children, prepared a letter of default on payment of the agreed amount of KRW 321 million on the date of the preparation of the written agreement, stating that “the Defendant shall jointly and severally pay to the Plaintiff KRW 321 million, and shall pay KRW 40 million on the date of the preparation of the agreement, and the remainder KRW 281 million on the last day of each month shall be paid KRW 300,000 on the last day of each month,” and delivered it to the Plaintiff. The Plaintiff drafted a written agreement on the said criminal case of E on the same day.
C. Meanwhile, the Defendants paid KRW 40 million to the Plaintiff on October 16, 2013, which was the date of the preparation of the instant performance memorandum, and thereafter, paid KRW 18 million from around that time to March 2014 (the amount equivalent to six months from October 2013 to March 2014).
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the facts found above, the Defendants jointly and severally paid to the Plaintiff the agreed amount of KRW 32,100,000 based on the instant performance memorandum (= KRW 40,000,000) and KRW 263,000,000,000 (= KRW 321,000,000 - KRW 58,000) paid by the Defendants from the following day of March 2014 to November 15, 2016, which is the date of the closing of argument of the instant case (attached Form 1), shall be deemed reasonable as to whether the Defendants were jointly and severally performing their obligations x 31 months from April 2014 to October 10, 2016 x 30,000,000,000,000 from the date following the end of each month as indicated in the list (attached Form 1).