손해배상(기)
1. Defendant B and C: KRW 56,678,39 for each of the Plaintiff and Defendant B with respect thereto from July 13, 2017 to July 14, 2017.
1. Basic facts
A. On February 28, 2014, the relationship between the Plaintiff and the Defendants 8 Defendant B and Nonparty D sold the E forest, F land for factory, etc. (hereinafter “instant real estate”) to Defendant C at KRW 3.3 billion.
However, the transfer registration was not made in the name of the defendant C.
The Plaintiff is an internal director of G Co., Ltd. (hereinafter “G”), and on March 11, 2014, G, Defendant B, and C entered into a contract to construct a factory (hereinafter “instant factory”) with Defendant B, D, contractor G, and construction cost of KRW 840,000,000,000 on the instant real estate.
(hereinafter the above construction is referred to as the “instant construction”). On the other hand, Defendant Hean Agricultural Cooperatives (hereinafter “Defendant Association”) extended the instant real estate to Defendant B as security.
B. The Plaintiff’s debt acquisition - Defendant B was loaned KRW 900 million from the Defendant Association as collateral the instant real estate owned by Defendant B and Nonparty D.
However, although Defendant B attempted to obtain additional loans of KRW 150 million from the Defendant Partnership as collateral and pay the instant construction cost, it was impossible to grant additional loans due to the lower credit rating of Defendant B.
Accordingly, on May 29, 2015, the Plaintiff obtained a loan of KRW 1.05 billion from the Defendant Union from the Defendant Union (hereinafter “instant loan”) by taking over Defendant B’s obligations, and appropriated KRW 900 million for the repayment of the existing obligations of Defendant B.
(A) The Plaintiff, at the time of the instant assumption of obligation, submitted to the Defendant Union a letter of waiver of lien and a statement of field name in the name of G and the Plaintiff’s name at the request of the Defendant Union.
C. On June 1, 2015, the Plaintiff, Defendant B, and C related to the assumption of the obligation of the Plaintiff - Agreement between the Plaintiff and the Defendant B, and C - A prepared and delivered the agreement as follows (hereinafter “instant agreement”).
.Written agreements;