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1. The Plaintiff:
A. Defendant B: 48,400,000 won
B. Defendant C Co., Ltd. and D are Defendant B.
Reasons
1. Facts of recognition;
A. On December 31, 2015, E subcontracted the stone construction work (hereinafter “instant F Corporation”) from Defendant B (hereinafter “Defendant B”) to the Ulsan-gun F-gun Construction Project, Ulsan-gun, Ulsan-gun, with the price of KRW 67.1 million.
B. On February 29, 2016, Defendant C Co., Ltd. (hereinafter “Defendant C”) subcontracted the stone construction work (hereinafter “instant G”) among the G-based G-based G-based G-based G-based G-based G-based G-based project to KRW 69.3 million.
Defendant B and Defendant D guaranteed Defendant C’s obligation for the instant G construction cost on the same day.
C. E completed all of the instant F and G construction.
With respect to the instant F and G construction cost, the Defendants decided to pay in kind one of the loans newly constructed through the instant G construction to E.
Accordingly, Defendant B drafted a sales contract on December 31, 2015 with the content that the H building I in Ulsan-gun (hereinafter “instant loan”) was sold to E in the amount of KRW 150 million.
E. On April 2016, E was subcontracted by Defendant B with the stone construction work (hereinafter “the instant J construction work”) among the new construction work of the Ulsan-gun J-gun in Ulsan-gun.
E imported and processed tin materials from China for the instant work, and Defendant B suffered damages of KRW 12 million on the wind to unilaterally reverse the instant contract for the construction of J.
F. On September 14, 2016, E transferred the instant F and G construction cost claim against the Defendants and the instant claim for damages related to the J Corporation to the Plaintiff, and notified the Defendants of the assignment of the said claim, and the said notification reached the Defendants around September 19, 2016.
G. On January 26, 2017, Defendant B completed the ownership transfer registration of the instant loan (hereinafter “instant ownership transfer registration”) to E under the pretext of accord and satisfaction.
At the time, the loan of this case is KRW 50 million with the creditor K and the maximum debt amount.