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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 155,00,000 per annum from October 11, 2013 to February 19, 2016.
Reasons
1. Basic facts
A. On July 15, 2013, the Plaintiff filed a lawsuit against Suwon District Court for revocation of fraudulent act against D, including revocation of a mortgage agreement concluded with Defendant C on the real estate listed in the separate sheet (hereinafter “instant real estate”). On July 15, 2013, F was present at the meeting of the Defendants and the representative director of E Co., Ltd. as an internal director, and the mediation of the following contents (hereinafter “instant mediation”) was established.
However, on December 13, 2012, F, which had been an internal director of the E-company, was resigned and was not an internal director of the E-company as of the above mediation date.
1. With respect to the subcontracting contract for the outer construction, panel and Changho Construction, etc. among the new G construction works entered into with E on September 21, 201 by the Plaintiff and the Defendants, E Co., Ltd. (hereinafter “E”), it is confirmed that the Defendant C, a joint guarantor of E and its joint guarantor, is KRW 155,00,000, the obligation for the construction cost unpaid to the Plaintiff is 155,000.
2. Defendant B Co., Ltd. (hereinafter “Defendant B”) is jointly liable for the payment of the construction cost of the above KRW 155,000,000, which Defendant C owes to the Plaintiff.
3. The Defendants and E shall jointly and severally pay the Plaintiff KRW 155,00,000,000, which shall be paid in two installments, each of which shall be paid KRW 70,000,000 until August 15, 2013, and the remainder of KRW 85,00,000 until October 10, 2013.
4. Defendant B shall offer as security the above construction cost obligation of KRW 155,000,000, and deliver to the Plaintiff a contract for sale in lots as to KRW 9,103 and KRW 104, respectively.
5. If the Defendants and E did not pay the said first installment by August 30, 2013, or the said second installment by October 10, 2013, they lose the benefit of time, and the Defendant B agrees to dispose of the said sales contract voluntarily by the Plaintiff.
6. On the instant real estate, the Plaintiff took a provisional measure prohibiting the division of the collective security guards, Sungwon District Court Branch 2012Kahap364, Sung-nam Branch.