1. The Defendants are jointly and severally liable to the Plaintiff for 62,233,000 won and each year from January 19, 2012 to March 2, 2012.

Basic Facts

Around January 13, 2012, Defendant C entered into a contract with Defendant B and Defendant C to sell real estate listed in the separate sheet (hereinafter “instant real estate”) as owned by Defendant C (hereinafter “instant real estate sales contract”) at KRW 170 million (the contract amounting to KRW 170 million, an intermediate payment of KRW 70 million, at the time of the contract, on March 12, 2012, and KRW 83 million, an outstanding payment of KRW 83 million, as of April 12, 2012) (hereinafter “instant real estate sales contract”).

The Defendants, through the special terms and conditions of the sales contract at the time of the instant real estate sales contract and the confirmation note of Defendant B’s preparation, set up a collective security right to secure Defendant B’s separate monetary obligation (payment obligation under the supply contract of this case as mentioned above) with respect to the instant real estate before Defendant C, the seller, was fully paid the purchase price of the instant real estate from Defendant B. Defendant B bears all responsibility for the full payment of the purchase price of the instant real estate or the cancellation of the said collective security, and deliver all documents necessary for the termination of the said establishment registration to Defendant C, thereby allowing Defendant C to cancel the said collective security right when Defendant B failed to perform its obligation to pay the purchase price.

Defendant C received the down payment of KRW 17 million according to the instant real estate sales contract from Defendant B and did not receive the intermediate payment. On March 12, 2012, Defendant C expressed to Defendant B the intent to cancel the instant real estate sales contract by content-certified mail, and the said content-certified mail reached Defendant B around that time.

On January 13, 2012, Defendant B and the Plaintiff entered into a supply contract for red ginseng products and the implementation thereof, with the trade name “D,” and Defendant B engaged in the manufacture and sale (individual enterprise) of red ginseng products, and the Plaintiff’s red ginseng saving and red ginseng products (hereinafter “instant red ginseng products”) with the total amount of KRW 220 million,00,000,000,000 over three times.