beta
Text
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
Reasons
1. On March 26, 2012, the Defendants, who did not dispute, prepared and delivered to the Plaintiff an agreement (Evidence A 1; hereinafter “instant agreement”) with the following content, and the Plaintiff wired KRW 10,000,000 to the Defendant C’s account on the same day.
Receipt: He/she shall borrow from the Gyeonggi-do Bupyeong D (EI) in full amount of KRW 5,00,000 for the expenses.
In the event that a loan is extended by a bank, the amount of money for daily 0,000 won shall be 50,000 won, including interest, with a priority order.
I agree to this Agreement.
2. The assertion and judgment
A. (1) The Plaintiff’s assertion (1) on March 26, 2012, when the Plaintiff lent KRW 10,000,000 to the Plaintiff with the acquisition expenses of the “E-Saro” under the “E-Saro” of the Bupyeong-gu Incheon Bupyeong-gu D, Incheon, the Defendants demanded to immediately receive loans from the bank and pay KRW 15,000,000 including interest, to transfer KRW 10,000 to the Defendant C’s account.
On the same day, the Plaintiff received the instant agreement from the Defendants, and remitted KRW 10,000,000 to Defendant C’s account.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 10,000,000 and damages for delay.
(2) Defendant B’s assertion that the Defendants invested KRW 267,00,000 to F, but failed to recover it, concluded a contract with F, upon F’s request, to accept E-Sace from the building owner G on February 2, 2012 in the name of Defendant B.
The Plaintiff, H, and I invested KRW 50,000,00 as E-mail or acquisition fund. However, F paid KRW 30,000,000 out of the above investment fund as the down payment under the above underwriting contract, and the remainder was used as a security expense to cancel the said underwriting contract’s failure to pay the down payment obligation and to confiscate the down payment under the circumstances where the down payment is to be forfeited. The Plaintiff et al. paid KRW 10,000,000 to G through J, which was the first introducing G to the F, and transferred it to the Defendant C to be extended.