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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 20,000,000 among the above amounts and KRW 20,000,000. From November 15, 2013.
Reasons
1. Basic facts
A. B sold B shares 4.516/1278.41 (hereinafter “instant real estate”) in Seo-gu, Seo-gu, Daejeon, 101, to C on July 12, 2013, and C sold the instant real estate to the Plaintiff.
B. On July 28, 2013, the Plaintiff concluded a sales contract with Defendant Korea Co., Ltd. (hereinafter “this case”) by setting the sales price of KRW 48,00,000 with respect to the instant real estate as KRW 48,00.
C. In relation to the payment method of the purchase price, the Defendant case paid the down payment of KRW 5,00,000 on the date of the contract, KRW 20,000,000 on November 14, 2013, and KRW 23,00,000 (including the security deposit that the Defendant case intended to take over the obligation), which is the remainder of KRW 23,00,000 on January 31, 2014.
Defendant Da case paid KRW 5,00,000 to the Plaintiff as down payment, and assumed the obligation of KRW 8,000,000 as lease deposit, but did not pay KRW 35,00,000.
E. On July 28, 2013, Defendant A and Defendant A jointly and severally guaranteed the above sales price obligations against the Plaintiff of Defendant A case.
F. On November 8, 2013, the Plaintiff, from November 8, 2013, had Defendant J completed the registration of ownership transfer on the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4-1, 2, and 5, the purport of the whole pleadings
2. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff 20,000,000 won among the above amount of KRW 35,00,000,000, and to pay to the Plaintiff 15,000,000 per annum as prescribed by the Civil Act from February 1, 2014 to November 13, 2014, respectively, the final delivery date of the complaint of this case, and to pay damages for delay calculated at the rate of 5% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is reasonable.