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1. Defendants C, D, and E are jointly and severally liable to Plaintiff A for KRW 213,00,000,000, and KRW 70,000 for Plaintiff B, respectively.
Reasons
1. Facts of recognition;
A. The status of the parties, Defendant E Co., Ltd. (formerly: I. hereinafter “Defendant E”) is a corporation engaged in the manufacture, distribution, sale, and research and development of coffee (raws, dus, mixings) and related products. Defendant D is a representative director of Defendant E until July 29, 2015, and was a director of Defendant E’s company until March 22, 2016. Defendant C acquires all the shares of Defendant E from Defendant D on February 6, 2015 and takes office as Defendant E’s internal director on March 2, 2015 and takes office as Defendant E’s internal director from July 29, 2015 to March 22, 2016, and is the only internal director of Defendant E’s company.
B. On July 10, 2014, Plaintiff A and Defendant D entered into a real estate sales contract between Plaintiff A and Defendant D (hereinafter “Plaintiff’s real estate”). On July 10, 2014, Plaintiff A and Defendant D, their mother, 3,502 square meters prior to Daegu-gu K, Daegu-gu, J. (hereinafter “Plaintiff’s real estate”).
(2) Upon offering as security, Defendant D used by Defendant D with a loan of KRW 450 million from a financial institution, and agreed to pay KRW 230 million to Plaintiff A with a total of KRW 30 million until December 30, 2014, and KRW 100 million until June 26, 2015. (2) Defendant D provided Plaintiff’s real estate as security to L Cooperatives (hereinafter “L Cooperatives”) on August 13, 2014, and used KRW 450 million. However, Defendant D did not pay KRW 30 million to Plaintiff A until the date of the said agreement.
3 Around August 2014, Plaintiff A and Defendant D entered into a sales contract with the following terms: (a) the Plaintiff’s real estate purchased KRW 550 million on the part of the Plaintiff; (b) the Defendant D purchased KRW 220 million on the part of the Plaintiff, which was established on the said real estate, in lieu of the payment of the purchase price; and (c) the remaining KRW 50 million out of the remainder of the purchase price of KRW 330 million was paid until December 15, 2014; and (b) the KRW 280 million was paid until July 29, 2015.
Since then, the remaining payment date has been postponed several times due to the payment of the above purchase price.