1. The Plaintiff:

A. Defendant B: (a) from July 7, 2019 to KRW 180,00,000; (b)

B. Defendant C is the Defendant B.

Description of Claim

A. On May 11, 2018, the Plaintiff entered into a contract with Defendant B to purchase shares of KRW 94/1813 and E (hereinafter “instant land”), 210 million, among D in Chungcheongnam-si, Chungcheongnam-si, and agreed to pay the down payment at the time of the contract with the contract amount of KRW 90 million, and the remaining payment period of KRW 120 million shall be June 1, 2018, and Defendant B shall pay all the remainder, excluding KRW 120 million, out of the obligations related to the instant land as of the remainder payment date, and KRW 120 million, as at the remainder payment date, the Plaintiff agreed to acquire the remainder payment instead of the remainder payment.

In addition, in the case of Defendant B’s breach of contract, the seller agreed to reimburse a double of the down payment.

B. On May 15, 2018, the Plaintiff agreed to pay in installments the amount of KRW 67 million out of the down payment with Defendant C, who represented by Defendant B, until December 25, 2018.

C. The Plaintiff paid the down payment of KRW 90 million by December 10, 2018, but Defendant B failed to cancel the right to collateral security established on the instant land.

Therefore, the Plaintiff rescinded the instant land sales contract on the ground of Defendant B’s nonperformance. As such, Defendant B is obligated to pay to the Plaintiff the amount of KRW 180 million as the scheduled contract deposit and the amount of damages, and to pay damages for delay from the day following the delivery of the written application for modification of the purpose of claim and the cause of claim on July 4, 2019, as sought by the Plaintiff.

Meanwhile, Defendant C promised to pay KRW 90 million to Defendant B by the end of May 2019, which is the amount equivalent to the down payment that the Plaintiff paid to Defendant B. As such, Defendant C is jointly and severally liable with Defendant B to pay the amount of KRW 90 million out of the money stated in the foregoing paragraph (c) and the delay damages from the day following the delivery of the application for change of the purport of the claim as of July 4, 2019 as sought by the Plaintiff.

applicable provisions

(a) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

B. Defendant C: Confession.