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1. Defendant B and C jointly share KRW 142,00,000 with respect to the Plaintiff, as well as Defendant B, on January 2, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that manufactures and sells computer, and Defendant B (hereinafter “Defendant B”) is a company that engages in vertical expansion, large-scale repair, remodeling, etc., Defendant C is an auditor of Defendant B from August 7, 2014 to March 23, 2017, from March 23, 2017, from March 23, 2017 to February 8, 2018, and from September 12, 2018 to September 12, 2018, Defendant B was an internal director of Defendant B, from August 7, 2014 to October 6, 2014.
B. E planned to sell F in an amount equivalent to KRW 3.23 billion in total of the secured debt of KRW 2.7 billion and the construction cost debt of KRW 623 billion against H, which was set up in F, as an actual operator of G Co., Ltd., which is owned by the building of the building of the Daejeon Sung-gu F (hereinafter “F”), and Defendant C continued to sell F in an amount equivalent to KRW 3.323 billion in terms of the purchaser’s physical color on September 2016. Defendant C promised to resolve the said debt by selling or offering F as security.
C. Meanwhile, the Plaintiff was supplied with parts related to computers and peripheral devices by I Co., Ltd. (hereinafter “I”), and I continued to supply parts related to the cost of parts by setting up a right to collateral.
Defendant C and the Plaintiff known of such fact, on October 2016, set up a right to collateral security of KRW 1.5 billion in the name of Defendant C and the Plaintiff, which had been supplied with goods equivalent to KRW 1 billion in the disposal of the goods, as security, and paid KRW 500 million in the disposal price to Defendant C to use. D.
On October 27, 2016, Defendant C paid Defendant C the amount equivalent to KRW 623 million to H as the intermediate payment and remainder, and entered into a contract with Defendant C to purchase F on condition that C succeeds to the loan obligation amounting to KRW 2.7 billion, and set up a collateral security in the name of E with respect to F.