손해배상(기)
1. The plaintiff's appeal against the defendants and the plaintiff's preliminary claim against the defendant B added by this court.
1. The reasoning for the court’s explanation on this part of the basic facts is as follows: “The purchase of the cost by E” in Part 2, 18, of the judgment of the court of first instance shall be “E”; “Defendant B” in Part 5, except for the dismissal of “Defendant B” in Part 5 as “D”; therefore, it shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. On April 2, 2012, the Plaintiff sold the instant land to Defendant B at KRW 1.71 billion. Defendant B conspired with Defendant C, the representative director of the Plaintiff at the time, but did not pay the remainder of KRW 610,330,000 of the instant purchase price, but completed the registration of transfer in the name of Defendant B and F as to the instant land on April 26, 2012, prior to the outstanding payment date. Therefore, Defendant C and Defendant B, the representative director of the Plaintiff, jointly with the Plaintiff, are liable to jointly pay the remainder of KRW 610,22 billion to the Plaintiff, and delay damages therefrom. The Defendants conspired with the Defendants to enter the Plaintiff as joint purchaser of the instant land without consent, and thereby, were liable to compensate the Plaintiff for the principal and interest of the instant land, and thus, the Defendants were liable to compensate the Plaintiff for any losses incurred to the Plaintiff.
Therefore, the Plaintiff, as its primary claim, seeks the performance of the above obligation jointly borne by the Defendants.
3. Even if Defendant C’s neglect of duties and the Defendants’ joint tort are not recognized, Defendant B, who completed the registration of ownership transfer of the instant land, as a party to the instant sales contract, shall be unpaid to the Plaintiff.