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(영문) 창원지방법원 2020.11.19 2019가합869

매매대금

Text

1. Defendants B and C shall jointly and severally pay to the Plaintiff KRW 400,000,000 and the interest rate thereon from September 6, 2019 to the date of full payment.

Reasons

Basic Facts

On April 7, 2017, the Plaintiff entered into an agreement with Defendant B on the condition that, only when the first entry is made, E Co., Ltd. (hereinafter “Co., Ltd.”) and F Co., Ltd. (hereinafter “Co., Ltd.”) deposited KRW 400,000,000, out of the purchase price of land, including J, etc., and buildings constructed on the said land, Defendant B kept the accounts payable to the Plaintiff on November 30, 2018 (hereinafter “instant agreement”). Defendant C jointly and severally guaranteed Defendant B’s obligation under the instant agreement.

On April 7, 2017, Defendant C and D drafted to the Plaintiff a written confirmation of the following contents:

(2) Defendant C Co., Ltd. (hereinafter “this case’s confirmation”). Defendant C Co., Ltd. (the representative director and 40% capital of Defendant C Co., Ltd., the executor company, and the trust company, completed the project and settle accounts at the trust company (as to approximately one year and six months) with 45% equity interest in the above Si’s event, Defendant C Co., Ltd, as a 45% equity interest in the trust company of his own share in the trust company of Defendant C Co., Ltd., regardless of its own business, fully consented to the first payment to Plaintiff C Co., Ltd., the creditor, regardless of its own share in the case’s confirmation document. The Defendant C Co., Ltd., as a 45% equity interest in the above Si’s event, fully agrees to the first payment to the Plaintiff C Co., Ltd., the creditor, regardless of its own share in the trust company, and the Defendant C’s profit should be paid to the Plaintiff C Co., Ltd., within the scope of the amount of its own payment.

On April 7, 2017, Defendant D (person) [Grounds for recognition] between the Plaintiff and the Defendant B: Confession (Article 150(3) of the Civil Procedure Act); the Plaintiff, Defendant C, and C: In the absence of dispute; evidence Nos. 2 and 4.