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1. The Defendants are jointly and severally liable to the Plaintiff for 445,200,000 won and 15% per annum from September 22, 2018 to the date of full payment.
Reasons
1. On August 5, 2015, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded a contract for the transfer and acquisition of real estate and business rights to purchase all of the business site and business rights from the Plaintiff with respect to the business that created E on the 19 parcel outside Busan-gun, Busan-gun, and the 19 billion won (hereinafter “instant development project”), and accordingly, Defendant B paid the Plaintiff the down payment amount of KRW 80 million.
② On February 13, 2017, the Plaintiff and Defendant B concluded a joint agreement on the instant development project.
The Plaintiff and Defendant B established a joint business corporation (shares are divided to Plaintiff 60% and Defendant B 40%) and raised project funds under the name of the joint business corporation by obtaining a PF loan, and the Plaintiff was paid KRW 18.2 billion from the joint business corporation in return for transferring the rights and business rights to the instant development project site to the said joint business corporation.
③ On February 21, 2017, Defendant B prepared a loan certificate with the loan amount of KRW 200 million, the due date for payment on December 30, 2017, the interest rate of KRW 6% (each month interest shall be repaid on the repayment date), and the delay damages at KRW 1.25% per month (hereinafter “the loan certificate of February 21, 2017”), and Defendant C guaranteed the above loan obligation of Defendant B.
On the same day, the plaintiff paid KRW 200 million to the defendant B.
④ On July 18, 2017, the Plaintiff and Defendant B concluded a joint agreement on the instant development project (hereinafter “instant joint agreement”) again.
Article 5 of the instant joint project agreement establishes a joint project corporation and sets the amount of the project cost to be raised by means of proceeds from sale in lots, loans from financial institutions, etc., and the Plaintiff transferred the rights and business rights to the site of the instant development project to the joint project corporation and determined the amount to be paid by the joint project corporation as KRW 35 billion.
The payment of the above 35 billion won is 18.2 billion won at the same time as the first fund raising.