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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 72,730,00 and 5% per annum from April 8, 2009 to September 9, 2016.
Reasons
1. Facts recognized;
A. The Plaintiff paid KRW 90,000,000 to the purchase price of apartment by Defendant B to purchase apartment, but Defendant B did not purchase apartment.
B. On April 3, 2009, Defendant B agreed to return the above KRW 90 million to the Plaintiff by April 7, 2009, and in relation thereto, Defendant B prepared and delivered to the Plaintiff a letter of performance of obligation, which was written on April 7, 2009, with the Defendants, the amount of debt KRW 90 million, and the due date.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. (1) According to the above facts of recognition as to the claim against Defendant B, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff KRW 90 million and delay damages therefor.
(2) The plaintiff asserted that the plaintiff agreed to pay the above money jointly with the defendant D, and that the defendant D did not have any such agreement, and that the plaintiff's claim is unfair since it did not have any such agreement.
(B) The fact that Defendant B prepared part of the judgment unit No. 1, as to Defendant D, is as seen earlier.
However, at the time of the preparation of the above statement, Defendant B managed the seal impression of Defendant D, who is his own punishment, and Defendant B asked Defendant D to be aware of the fact that he prepared a letter in the name of Defendant D and affixed the seal impression of Defendant D, as above, and the fact that it was delivered with the Defendant D’s seal impression attached to the above statement may be recognized as either dispute between the parties or the whole purport of the pleading. Accordingly, according to the above facts of recognition, Defendant D prepared the above letter upon delegation from Defendant B.
In full view of the purport of the entire arguments in Gap evidence No. 1, the defendant Eul representing the defendant Eul shall be jointly and severally with the plaintiff and the defendant Eul.