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(영문) 부산지방법원 2019.09.18 2018가합41149

사업권양도.양수대금 지급청구

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1. Defendants are jointly and severally liable to the Plaintiffs for KRW 900,000,000, and Defendant D, and Defendant E, and Defendant E, Inc., on March 15, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiffs are those who operated Defendant E (hereinafter “Defendant E”) as an agent of the instant project for constructing apartment of the Busan District Housing Association of Busan District of Busan District (hereinafter “instant project”).

B. On July 24, 2017, the Plaintiffs entered into a contract (hereinafter “instant contract”) under which the Plaintiffs’ right to the instant project and Defendant E transferred KRW 1.2 billion (the contract amounting to KRW 300 million, KRW 500 million, KRW 400 million, and KRW 400 million, KRW 90 million, respectively, after the contract payment) with Defendant D, and Defendant E and Defendant F District Housing Association Promotion Committee (hereinafter “Defendant Promotion Committee”) jointly and severally guaranteed the obligation to pay the purchase price of Defendant D under the said contract.

C. At that time, Defendant D paid 300 million won down payment to the Plaintiffs, and the Plaintiffs transferred Defendant E’s shares to Defendant D.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, witness H's partial testimony, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, Defendant D and its joint and several sureties, Defendant E and the Promotion Committee jointly and severally liable for the payment of KRW 900 million, excluding KRW 300,000,000,000, and the remainder of KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00.