양도대금 청구의 소
1. The Defendants are jointly and severally liable to the Plaintiff for 80,000,000 won and the period from July 1, 2014 to November 17, 2014.
1. Basic facts
A. From around 2012, the Plaintiff operated the restaurant in the name of E in the old and American City D (hereinafter “instant restaurant”).
B. The Defendants were married, and the Plaintiff became aware of Defendant B as a member of the early stable conference around 2013.
C. From April 27, 2013 to January 10, 2014, Defendant B completed business registration under the name of F, and operated a restaurant with Defendant C.
Defendant C decided to take over the instant restaurant at KRW 80 million from the Plaintiff around March 2014, and paid the acquisition price by June 30, 2014.
E. On March 4, 2014, Defendant C, along with Defendant B and the Plaintiff, prepared and sent to the Plaintiff a notarial deed of debt repayment contract (No. 262 of document No. 2014, 2014, No. 2010, Jun. 30, 2014, a notary public drafted and issued to the Plaintiff a deed of debt repayment contract (No. 262 of document No. 2014, Jun. 30, 2014).
F. From March 2014, the Defendants operated the instant restaurant together with the instant restaurant.
G. As the Defendants did not pay the above subscription price, around October 2014, the Plaintiff filed an application for provisional seizure of real estate under this Court’s 2014Kadan10209 regarding the housing owned by the Defendant B, and the said court accepted it on October 13, 2014.
H. On October 2014, the Plaintiff filed a criminal complaint against the Defendants for fraud; however, on March 26, 2015, the Defendants were subject to a disposition to the effect that the Defendants were not suspected of being in conflict with each other’s evidence.
(T) Each entry in the Daegu District Public Prosecutor's Office Kimcheon-si Office 2015No. 937. / [Grounds for recognition] Gap 1 through 12, and the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff’s assertion was known through Defendant B, which was known to the Plaintiff through his wife, and the Defendants jointly acquired the instant restaurant, and Defendant B intended to sell his house and pay the purchase price to the Defendants, thereby transferring the instant restaurant to the Defendants. Therefore, the Defendants are joint underwriters of the instant restaurant.