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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 1, 2012, C Co., Ltd. (hereinafter “C”) comprehensively transferred its business rights to D Co., Ltd. (hereinafter “D”) with respect to the construction of the Sungwon-si E-based Ethtel (hereinafter “instant officetel”) as follows:
(hereinafter “instant transfer contract”). At the time, the Plaintiff jointly and severally guaranteed D’s debt to D’s C.
The meaning of transfer and acquisition
1.C’s purpose is to comprehensively transfer and take over the land ownership and project rights to D and the ancillarys of this project rights shall include:
Sales amount and payment methods
1. The sales price shall be KRW 850 million, and the criteria for determining the sales price shall be determined based on the amount of enforcement, amount of construction, and attached Table 1 submitted by C;
(2) The terms and conditions for the payment of the purchase price shall be KRW 150 million for the contract, and the intermediate payment shall be KRW 150 million for the contract, within one month from the contract date, and shall be paid within 150 million for the remainder 350 million after the completion of the contract.
Provided, That when the remainder is paid, one household of 603 heading shall be paid as a substitute, and the sale price shall be KRW 180 million.
B. On August 2, 2012, the following day after the instant transfer contract, the Plaintiff, C, and D paid C KRW 150 million up to September 2, 2012, and KRW 350 million up to January 2, 2013, and KRW 500 million up to KRW 350 million, and the Plaintiff drafted a notarial deed stating the purport of the claim in which D’s debt to D is jointly and severally guaranteed.
(hereinafter referred to as “instant authentic deed”). C.
C and D drafted a settlement agreement (hereinafter “instant settlement agreement”) with the following contents on April 22, 2013:
2. According to Article 3 of the Certificate of Execution (No. 3114, No. 2012) written on August 1, 2012, “A” shall be based on the standard for the payment of the tax invoice substantially paid by “A”.