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1. The Defendant and the Defendant (Counterclaim Plaintiff) jointly and severally against the Plaintiff (Counterclaim Defendant) at KRW 260,000,000 and the Defendant.
Reasons
1. Facts of recognition;
A. On April 6, 2006, the Plaintiff purchased a ship listed in the attached list (hereinafter “ship”) owned by Defendant B from Defendant B for KRW 465 million, and paid KRW 100 million as the down payment on the date of the contract. The Plaintiff agreed with the above Defendant to pay KRW 100 million as the down payment on August 5, 2007, which was scheduled as the payment date of the remainder and the date of the transfer of ownership on the ship, with the Plaintiff’s prior use of the ship until August 5, 2007, and the charterage paid as the down payment. The remainder shall be paid KRW 365 million by acquiring the secured obligation of the right to collateral security established on the ship.
B. However, since Defendant B failed to repay its debt to a third party, several recommendations were additionally set up in the ship as well as several provisional seizures and collateral securitys. On the basis of the right to collateral security that the Plaintiff agreed to acquire, voluntary auction procedures (D) were conducted with respect to the ship.
C. Defendant B obtained a loan of KRW 220 million in the name of Defendant C from Boan Fisheries Cooperatives to purchase a ship during the said voluntary auction procedure, and purchased the ship on June 5, 2009 under the same name. On the same day, Defendant C, Boan Fisheries Cooperatives, and the maximum debt amount of KRW 290 million were established on the same day.
On November 20, 2009, the Plaintiff purchased a ship again between the Defendants and KRW 540 million, but out of the purchase price, the Plaintiff agreed to pay KRW 260 million, which Defendant B had already incurred to the Plaintiff (i.e., KRW 160 million, KRW 100 million, KRW 160,000,000, KRW 2000,000,000,000,000,000,000,000,000,000) to Defendant B’s debt related to the bill against the Plaintiff, which was paid under the above sales contract (i.e., KRW 100,000,000,000). (ii) KRW 2220,000,000,000,000,000,000,000
(hereinafter referred to as the “instant sales contract”). E.
The plaintiff.