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1. Defendant C Co., Ltd. shall pay Plaintiff A KRW 85,00,000, KRW 100,000 to Plaintiff B, and each of the above amounts.
Reasons
1. Basic facts
A. On August 20, 2012, E obtained a successful bid in KRW 1,158,00,000 for each of the instant real estate as indicated in the separate sheet (hereinafter “each of the instant real estate”) around August 20, 201, and borrowed KRW 85,00,000 from A around November 15, 2012 for the purpose of raising the successful bid price.
B. On November 6, 2013, E completed the registration of transfer of ownership with respect to each of the instant real estate in the name of Defendant C Co., Ltd. (hereinafter “Defendant C”) that was operated by oneself as of November 6, 2013.
C. On November 11, 2013, E entered the amount borrowed from the Plaintiffs as the borrowed amount, and the interest rate is 2% per month, and the debtor prepared and delivered each of the loans in the name of Defendant C indicated as Defendant C (hereinafter “each of the loans in this case”). At the time, E was the actual operator of Defendant C, but the inside director, who is the representative, was H, is stated as Defendant C’s representative director.
I acquired the management right of Defendant C and held office as an internal director of Defendant C on December 16, 2013, and established Defendant D Co., Ltd. (hereinafter “Defendant D”) on February 18, 2014, and held office as Defendant D’s internal director (However, the representative is J, the representative director) on the same day.
E. On February 24, 2014, Defendant C entered into a sales contract with Defendant D to sell each of the instant real estate at KRW 1,980,000 (hereinafter “instant sales contract”). On March 3, 2014, Defendant C completed the registration of transfer of ownership of each of the instant real estate (hereinafter “each of the instant transfer of ownership”).
[Grounds for Recognition] A. The Defendants Nos. 1 through 3, and 6 are “A.”