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1. The Defendants jointly share KRW 40,297,950 with respect to the Plaintiff, and 5% per annum from August 1, 2007 to June 11, 2015.
Reasons
1. Basic facts
A. The E Co., Ltd. (hereinafter “E”) owned the said commercial building (hereinafter “instant commercial building”) as a corporation operating a hot spring resort business in the F4th, 301 and 401, Suwon-si, Suwon-si, a hot spring resort business.
B. The Defendants, on May 9, 2007, purchased the instant commercial building between the Plaintiff (the Plaintiff, a contracting party, or the actual contract) and the Plaintiff (the Plaintiff) and entered into a sales contract to acquire KRW 8,700,000 of the common shares of E in KRW 8,700,000 (hereinafter “instant contract”).
C. The relevant provisions of the instant contract are as follows.
KRW 6,860,00,000 for E’s debt concerning the instant commercial building shall be accepted by the Defendants and substituted for the payment of the purchase price, and KRW 200,000,000 for the remainder of KRW 1,840,000 for the sales price, and KRW 200,000 for the first intermediate payment, and KRW 80,000 for the second intermediate payment, May 23, 2007, and KRW 800,000 for the second intermediate payment, and KRW 640,000 for the remainder of KRW 640,000 for the second intermediate payment, respectively, on June 20, 207, shall be paid within 60 days after the transfer of the instant commercial building under the additional service agreement.
Taxes and public charges after the date of the remainder payment shall be borne by the Defendants, and the Parties shall faithfully cooperate with respect to E’s liabilities not indicated in the instant agreement, and if necessary, a separate agreement may be concluded.
Property tax notified in the year 2007 shall be borne by E.
On May 31, 2007, the Plaintiff transferred all shares of E and the instant commercial building to the Defendants according to the instant contract, and the Defendants were appointed respectively by the representative director or director of E.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. Determination as to the cause of action
A. The unpaid Defendants’ remaining amount of KRW 200,00,000 on May 9, 2007, and KRW 200,000,000 on May 23, 2007, and KRW 1,100,000,000 on May 31, 2007, and KRW 10,000,000 on August 21, 2007, and KRW 10,000,000 on August 21, 2007, and KRW 80,000 on May 23, 2007.