A. The Plaintiff is a person who was engaged in the sales business of electric parts and electrical construction business, etc. under the trade name of D, and Defendant B was the representative director of Defendant E Co., Ltd., and Defendant C purchased the instant real estate owned by Defendant B on April 10, 2018 and completed the registration of ownership transfer on the 12th of the same month.

B. The Plaintiff received a subcontract for the amount of KRW 150,00,000 electrical construction from E around the end of 2017, while continuing business relations with Defendant B, and received a promissory note for the payment of the said electrical construction price on January 2018.

C. However, the said promissory note was rejected on April 26, 2018, and the Plaintiff and Defendant B, May 17, 2018, drafted an agreement with the purport that “Defendant B shall pay to the Plaintiff KRW 75,000,000 in installments from June 15, 2018 to May 15, 2018, KRW 3,000,000 each month. If Defendant B delays the payment of the said amount for at least three months, the remainder shall be paid in lump sum after deducting the amount paid from KRW 150,00,000.”

(hereinafter referred to as “instant agreement”). D.

Defendant B did not perform its obligations under the instant agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The Plaintiff’s assertion that Defendant B had the obligation to pay the Plaintiff KRW 3,00,000 each month from June 15, 2018 to the Plaintiff under the instant agreement, but did not perform the obligation once more than three years, and as such, Defendant B has the obligation to pay the Plaintiff KRW 150,000,000 and the delay damages therefrom in accordance with the instant agreement.

Meanwhile, on March 2018, prior to the preparation of the instant agreement, Defendant B promised to the Plaintiff that the Plaintiff would pay the price for electrical construction to the Plaintiff individually even if the company defaulted, but the instant real estate, which is the only real estate under excess of the debt around April 12, 2018, to Defendant C.