beta
Text
1. The Defendants jointly and severally liable to the Plaintiff KRW 162,819,190 and Defendant B from March 4, 2008 to May 4, 2017.
Reasons
1. Facts of recognition;
A. A. Around December 2004, the Plaintiff sold at KRW 775,000,000 the purchase price for the land and the ground buildings Asan City D to Defendant B.
B. Defendant B, on December 29, 2004, received the registration of ownership transfer for each of the above real estate without paying KRW 270,000,000,000 from the above purchase price, and agreed to pay it to the Plaintiff by June 30, 2006 (hereinafter the instant agreement), and at the time, Defendant C guaranteed Defendant B’s obligation to the Plaintiff.
C. On August 4, 2005, the Plaintiff received KRW 20,000,000, KRW 1,700,000 on August 16, 2006, KRW 16.1,30,000 on August 16, 2006, and KRW 300,000 on October 3, 2006, and KRW 23,300,000 (= KRW 20,000, KRW 1,700,000 on KRW 1,30,00,000, KRW 300,000 on the principal amount) from Defendant B. The Plaintiff received KRW 83,810,80 on the auction case of real estate E in this court on March 4, 2008, and appropriated the total amount of KRW 83,80,810 on August 16, 206, KRW 108,308,3080.
[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1 and 2 evidence (including paper numbers), the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally obligated to pay to the Plaintiff the remainder 162,819,190 won (=270,000,000-107,180,810 won) and damages for delay calculated at each rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from March 4, 2008 to May 4, 2017, Defendant B, the delivery date of the copy of the application for modification of the claim and the cause of the claim in this case, which is the date of payment after the due date, was made by the Plaintiff.
B. Defendant B’s assertion (1) asserts that Defendant B paid KRW 380,000 by means of cash payment, other than Defendant B’s assertion, but it is recognized only by the descriptions of the evidence Nos. 1 and 2.