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1. Defendant C and D jointly share KRW 80,000,000 to the Plaintiff and 15% per annum from October 5, 2018 to May 31, 2019.
Reasons
1. Basic facts
A. On July 1, 2011, the Plaintiff’s claim for construction price against E (hereinafter “instant claim for construction price”) acquired the claim for construction price of KRW 270 million against E by entering into a subcontract for the structural frame construction of the F-based Building in Incheon, Incheon, the owner of the building, for which KRW 270,000,000 has been completed.
B. On November 30, 201, Notarial Deed No. E issued a promissory note with a face value of KRW 235 million and the due date of payment on January 30, 201, to secure the repayment of the instant obligation for construction cost.
C. On February 2, 2013, the Plaintiff prepared a sale contract in which KRW 150 million was entered into with D and the sale price of KRW 150 million, which is the owner of the G Building H (hereinafter “instant housing”) in Incheon Reinforcement-gun, the title of the owner of the instant housing, in order to obtain a security for part of the E’s obligations based on the said promissory note No. 1). The content of the special agreement is as follows: (a) on April 24, 2013, the Plaintiff entered into an agreement with Defendant B, Defendant C and C, and C without any burden on the Plaintiff on the register immediately after the approval for use of the instant housing was completed; (b) on behalf of the Plaintiff, the Plaintiff paid KRW 10 million to the Plaintiff separately from the registration for transfer of ownership; and (c) the Plaintiff did not immediately withdraw the instant claim against the Defendants except for the instant notarial agreement with the owner of the instant housing, and (d) the Plaintiff did not immediately withdraw the said notarial procedure.
Defendant B indicated “E’s wife” next to his name, and Defendant C stated “Joint and Several Guarantee” as “Joint and Several Guarantee”.
C. On August 27, 2015, the decision to commence auction and permit sale of the instant housing.