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Reasons
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(영문) 인천지방법원 2017.05.26 2016가합3931
환급금등
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1. The Defendants are jointly and severally liable to the Plaintiff (Appointed Party) for KRW 60,00,00,000, and KRW 40,000,00 for each of the following reasons: D, E, F, G, H, and I.

Reasons

1. Indication of claim;

A. The designated parties including the Plaintiff (designated parties, hereinafter “Plaintiffs”) are members of the M-dong Association, and the Defendant Company B (hereinafter “Defendant Company”) is a company incorporated with the main business purpose of selling, arranging, leasing, and exporting and importing water leisure crafts, and the Defendant Company C is the representative director of the Defendant Company.

B. The designated parties, including the Plaintiff, agreed to purchase two yachts from the Defendant Company, and paid KRW 370,000,000 in total with the costs of purchase and delivery of two yachts from April to August 2014 as listed below.

On May 21, 2014, Plaintiff 1 paid the name payment amount of KRW 50,000,000 on August 10, 2014, KRW 60,000,000 on August 8, 2014;

4.25.

5.20.

8.7. and 10,000,000 won 40,000,000 won 3 E April 4, 2014;

4.25.

5.20.

8.7. 7., 10,000,000 won 40,000 won 40,000 won 4 J on April 4, 2014 20,000 won 30,000,000 won 30,000,000 won 5 F. 4 April 4, 2014;

8. 8. 10,000,000 Won 6 K on April 25, 2014: 40,000,000 won KRW 60,000,000;

8. 8. Each 10,000,000 won 20,000,000 L L L L L on May 20, 2014 20,000,000 won 20,000,000 won on May 20, 2014 G 8 G 8 G 10,000,000 won on August 7, 2014 40,000,000 won on August 7, 2014 9 H on May 20, 2014;

8.7. Each 10,000,000 won 10,000 on May 21, 2014; 40,000,000 won 10,000 I on May 20, 2014;

8. 7. 10,000,000 won per 6. 5. 20,000,000 won per 40,000,000 won per 370,000 won;

C. Although the designated parties, including the Plaintiff, deposited the yacht to the Defendant Company, the Defendant Company did not deliver the yacht.

Ultimately, on January 5, 2015, the Defendant Company drafted a written agreement with the Defendant Company to refund in cash KRW 200,000,000 until January 31, 2015, and KRW 170,000,000 until February 27, 2015. The Defendant Company guaranteed this, and the Defendant Company guaranteed the obligation to jointly and severally pay the refund amount to be paid to the designated parties including the Plaintiff.

Notwithstanding the above written agreement, the Defendants shall make a yacht.

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