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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 198,080,608 and the Defendants B and C with respect thereto on December 8, 2017.
Reasons
1. Facts of recognition;
A. On June 4, 2012, the Plaintiff entered into a contract for transfer and acquisition of a corporation and stocks (hereinafter “instant contract for transfer and acquisition”) with Nonparty B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) (hereinafter “Nonindicted Co., Ltd.”) to acquire all the management rights including the construction business license of the Nonindicted Co., Ltd. and the shares of the Nonindicted Co., Ltd. in the amount of KRW 320,000 (hereinafter “instant contract for transfer and acquisition”).
(A) Evidence No. 1). (b)
Matters concerning the claim of this case under the transfer contract of this case are as follows.
B E CF A
C. As of June 13, 2012, which was the representative director of the non-party company at the time of the transfer and acquisition agreement of this case, Defendant C confirmed that there was no obligation, obligation, administrative restriction, etc. as of June 13, 2012, the remainder payment date of the transfer and acquisition agreement of this case, and later, the non-party C was responsible for the defects of the “construction completed” or “construction in progress” or “construction in progress.”
(Articles 6 and 7 of the transfer or acquisition agreement of this case).
Accordingly, on June 13, 2012, Defendant C (each of the secretaries) prepared and delivered each of the instant notes to the Plaintiff, “The Defendant C (each of the instant notes) signed a joint and several surety thereon on June 13, 2012, stating that “The construction works in progress as of the date of transfer would be liable for the occurrence of civil or criminal problems, and shall be responsible for the occurrence of any construction works and civil or criminal problems caused by the completion of construction works completed as of the date of transfer,” and Defendant C jointly and severally guaranteed them on or around June 13, 2012, and Defendant B Co., Ltd (the registration of incorporation on June 15, 2012 and the representative director C) jointly and severally guaranteed them on or around July 6, 2012.
(Evidence A 1, 2, 3-1, 2, and 10.e. (Evidence A 1, 2, and 10)
The non-party company was changed to "G Co., Ltd.", and at the time of entering into the transfer contract of this case, the non-party company was executed.