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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. Defendant B, C, and D, on September 2, 2013, purchased from G Co., Ltd. (hereinafter “G”) the amount of KRW 4 billion for H, I, J, K, L, M’s ground factory buildings and N,O, P, and Q Q land (hereinafter “instant real estate”) at KRW 4 billion. In lieu of the payment of KRW 3.76 billion out of the above purchase price, Defendant B, C, and D agreed to acquire and repay the loan obligations of KRW 3.76 billion to G Industrial Bank of Korea, and the remainder of the purchase price is KRW 250 million by October 10, 2013.
(hereinafter “instant sales contract”). B.
However, Defendant B, C, and D did not repay the above loans to the Industrial Bank of Korea at all. Accordingly, the Plaintiff, a joint and several surety for the above loans, suffered losses from additional repayment of the loan interest of KRW 385,217,938, which was extended to the Industrial Bank of Korea.
C. Therefore, Defendant B, C, and D are liable to pay the Plaintiff KRW 200,100,000, which is a part of the damages as above, due to nonperformance or tort. Defendant E (hereinafter “Defendant E”) and Defendant F Co., Ltd. (hereinafter “Defendant F”) are liable to pay the said damages jointly with Defendant B, C, and D, a company established by abusing legal personality for the purpose of evading obligations.
2. Even based on the Plaintiff’s assertion itself, the conclusion of the instant sales contract with Defendant B, C, and D is not G but not an individual of the Plaintiff. Even if Defendant B, C, and D failed to repay all loans to the Industrial Bank of Korea, thereby failing to perform their obligations under the instant sales contract, the Plaintiff, who is not a party to the instant sales contract, may not claim damages against the Defendants due to nonperformance.
In addition, as alleged by the Plaintiff, Defendant B, C, and D are liable for the above loans according to the instant sales contract.