손해배상
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 322,983,00 and the interest thereon from May 22, 2013 to the date of full payment.
1. Facts of recognition;
A. On October 10, 2002, the Plaintiff entered into a sales contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) under the terms that KRW 107 through 111,271,160,000 (hereinafter “F building”) shall be sold at KRW 358,870,00,000 on the date of the contract, and the intermediate payment of KRW 300,000 on October 10, 2002, the intermediate payment of KRW 300,000,000 shall be treated as the bank loans at the time of completion and shall be paid each (hereinafter “instant sales contract”).
B. On October 10, 2002, the date of the instant sales contract, the Plaintiff paid 358,870,000 won for the down payment under the instant sales contract to the Defendant Company.
C. On December 5, 2002, the Defendant Company drafted the following commitments (hereinafter “instant commitments”) to the Plaintiff, and the Defendant C jointly and severally guaranteed the Defendant Company’s obligations under the instant commitments.
In the sale and purchase (transfer) of F building Nos. 107 to 111, in the future, the representative director G of the defendant company and the defendant C, a joint and several surety, shall promise to assume all liability and all civil and criminal liability if any problem with respect to the ownership of the said real estate arises.
In addition, due to the provisional attachment case No. 56048, which was registered as of October 1, 2002 on the land of the above real estate, if the plaintiff who is the purchaser in the future is restricted in the transfer registration of ownership until March 31, 2003, the representative director G of the defendant company as the seller and the defendant C, who is the joint and several surety, will not only be liable for any civil and criminal liability due to the non-performance of the promise.
In addition, where the transfer registration of ownership is delayed, the representative director G of the defendant company and the defendant C, a joint guarantor, shall pay the sum of the down payment and intermediate payment paid by the purchaser to the purchaser as the compensation for damages by the end of each month.
d.
Defendant Company No. 107, supra, to the Plaintiff until now.