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1. The defendantC is 5% per annum from July 27, 2016 to May 15, 2017 with respect to the plaintiff's 300,000,000 won and interest, respectively.
Reasons
1. Basic facts
A. The Plaintiff Company B (hereinafter “Plaintiff Company”) is a company established for the purpose of cargo transport and cargo transport arrangement business. The Plaintiff is the representative director of the Plaintiff Company, Defendant D Co., Ltd. (hereinafter “Defendant Company”) is a company established for the purpose of housing construction and real estate consulting business, and Defendant C is a person who is in office as the representative of the Defendant Company.
B. On October 25, 2010, Plaintiff A acquired the transportation business sector of E Co., Ltd. operated by Defendant C (hereinafter “instant acquisition agreement”) and operated the company under the trade name of F Co., Ltd. (hereinafter “instant acquisition agreement”), and subsequently, Plaintiff A changed the trade name around April 2016 to the Plaintiff Company.
C. Upon entering into the instant transfer agreement, Defendant C obtained a loan of KRW 1.5 billion from the National Bank of Korea in the name of Defendant F to use it for business purposes under the agreement with Plaintiff A, and offered as security four parcels, such as Yeongdeungpo-gu G, Young-gu, and the Defendant Company’s ownership. On November 201, 201, Defendant C agreed to sell the said land and repay the loan to F, but the said loan was not repaid.
Accordingly, on April 3, 2013, Defendant C prepared a statement of performance (hereinafter “each of the instant statements”) as follows, and delivered it to Plaintiff A, and Nonparty C, the former representative of Defendant C, signed and sealed it as joint and several sureties.
This letter of performance confirms that: (a) the seller C (hereinafter referred to as “A”) and FA (hereinafter referred to as “B”) purchase and sale agreement signed on November 2012 by the buyer Co., Ltd. (hereinafter referred to as “B”) will sell D assets (not only four parcels of land, G, and four parcels of land) and promise the borrower Co., Ltd. to repay the loan of KRW 1.5 billion; (b) but the borrower failed to perform its obligations as follows:
- A - The seller C shall sell D assets (G) to the buyer at the time of sale by the F Corporation on October 2010 and redeem F with a loan of KRW 1.5 billion to F by the end of November 2010.