beta
Text
1. The Defendants jointly share the Plaintiff KRW 150,00,000 and that with respect thereto, from January 1, 201 to November 19, 2015.
Reasons
1. Basic facts
A. On October 28, 2010, Defendant C told the Plaintiff (the representative director at the time was D) that he would sell scrap metal arising from the removal work of the building E on the ground of Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant removal work”).
At the time, Defendant C presented to the Plaintiff a contract for the removal of buildings and waste disposal made between Sungju Housing Co., Ltd. and F Co., Ltd., the contractor (the company acquired by Defendant C), which is the contractor for the removal of this case. The contract was forged and thus, Defendant C did not have the right to the removal of this case.
Defendant C knew of such fact, but concealed it and made such a false statement.
B. On October 28, 2010, the Plaintiff and the Defendants concluded the sales contract between Defendant C and the Defendant, and the sales contract between Defendant B and the Plaintiff (hereinafter “instant sales contract”) respectively.
C. The main contents of the instant sales contract are as follows.
Article 1 Details 1) Contract Terms: List of contractual goods from October 28, 2010 to December 31, 2010: approximately 1,800 tons of all scrap metal, and KRW 330/km Article 2 (1) Total purchase price: 2) Contract deposit: 1.5 million won, and intermediate payment on October 28, 2010: The amount equivalent to the total quantity of the scrap metal in the list of the objects of the contract as above; and the amount equivalent to the total quantity of the object of the contract: the intermediate payment on October 28, 2010:
B. “A” (Defendant B) must pay twice the statutory interest from the date of delay to the date of delay after the 15th day of the delay due to the delay in the work schedule to “B,” and “B” shall immediately return the amount deposited in the account of “B,” and “B” shall immediately exercise the security right for the security offered by “B” to “B,” upon the failure to return the amount.
Article 5 (3) In the event of a cause under Article 4 (3), "B" shall be deemed "A".