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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 170,000,00 and Defendant Incorporated Company B from July 6, 2016.
Reasons
1. Basic facts
A. On April 5, 2016, Defendant Company B Co., Ltd. (hereinafter “Defendant Company”) concluded with the Plaintiff on April 5, 2016 that KRW 150 million, out of KRW 320,000,000,000,000,000 for the purchase price of the Category D factory site in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant real estate”), the Defendant Company shall dispose of the loan debt of KRW 150,00,00,000,000, which is the secured debt of the right to collateral security (hereinafter “instant real estate”) established on the instant real estate, and shall pay the remaining purchase price of KRW 170,00,00 to the Plaintiff by July 5, 2016 (hereinafter “instant agreement”). At the time, Defendant C and E, a director of the Defendant Company, at the time, enter the instant agreement in the agreement as “where the Defendant Company failed to perform its obligation under the said agreement, the Defendant Company shall not be subject to criminal and criminal liability.”
B. On April 8, 2016, the Plaintiff completed the registration of ownership transfer for the instant real estate to Defendant C on the grounds of sale as of April 1, 2016, and Defendant C completed the registration of ownership transfer for the instant real estate to the Defendant Company on November 8, 2016 on October 28, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the facts of recognition as to the claim against the Defendant Company, the Defendant Company is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as sought by the Plaintiff, from July 6, 2016, the day following the above payment date, to April 3, 2017, when the original copy of the instant payment order was served on the Defendant Company.
3. Determination as to the claim against Defendant C
A. According to the written agreement of this case prior to the determination of the cause of the claim, Defendant C and E are liable for the instant agreed amount against the Plaintiff of the Defendant Company.