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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 51 million and KRW 312 million among them from December 21, 2015.
Reasons
1. Indication of claim;
A. On October 10, 2013, the Plaintiff sold the above real estate in the name of the Defendant Company B (hereinafter “Defendant Company”) in Kimhae-si and E land KRW 740 million (hereinafter “instant sale”). On October 29, 2014, the Plaintiff completed the registration of ownership transfer in the name of the Defendant Company with respect to the above real estate.
B. From October 10, 2013 to July 10, 2015, Defendant Company paid to the Plaintiff a total of KRW 428 million with the purchase price pursuant to the instant sales transaction. However, despite the fact that the payment date of the remainder was made on December 20, 2015, Defendant Company did not pay the remainder of KRW 312 million up to the present date.
C. In addition, when the land F in Kimhae-si, which was entrusted by the Plaintiff, was incorporated into national highways 25 lines, the Defendant Company paid the Plaintiff the compensation for expropriation. However, due to the provisional attachment of the said land and the establishment of the right to collateral security, the Defendant Company could not pay the Plaintiff the compensation for expropriation amounting to KRW 189 million.
On the other hand, Defendant C, the representative director of the Defendant Company, jointly and severally guaranteed the payment obligation of the purchase price and the payment obligation of the above compensation for the Plaintiff of the Defendant Company.
E. Therefore, the Defendants are jointly and severally liable to the Plaintiff at a rate of KRW 51 million (i.e., KRW 189 million) and KRW 312 million, whichever is the day following the payment date of the outstanding payment order of this case from December 21, 2015 to November 17, 2016, the delivery date of the original copy of the payment order of this case, 5% per annum as stipulated in the Civil Act, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, and 189 million per annum as to the damages for delay calculated from June 17, 2017 to the day of full payment, the delivery date of the application for change of the purport of this case and the cause of the claim of this case, to pay damages for delay at a rate of KRW 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
2. Article 208 (3) 2 of the Civil Procedure Act of the judgment deemed to be a confession.