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1. The Plaintiff:
A. Defendant A and B jointly and severally share 63,58,624 won and 62,376,369 won.
Reasons
The facts are as follows: (a) on November 5, 2012, the Plaintiff entered into a siren agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”); (b) on each of the corporeal movables (hereinafter “each of the instant machinery”) listed in the separate sheet No. 1 attached hereto, which the representative director of Defendant A, purchased from F (hereinafter “F”) and used after the installation in the E plant, the Plaintiff purchased from Defendant A’s limited liability company E (hereinafter “E”), the husband of Defendant A’s representative director; and (c) on November 6, 2012, from November 5, 2015 to November 2, 20384,00 (value-added tax separate); and (d) the place of installation of the siren agreement with Defendant B, the location of which is KRW 8,00,000,000, for the debt of the Defendant B and other joint surety under the instant agreement.
In a case where Defendant A delayed the payment of sirens for at least one month (Article 20(1)), and in a case where Defendant A had a third party use the sirens without the Plaintiff’s prior written consent, or had a third party use them at a business establishment owned by a third party, or transferred, furnished, disposed of, leased, or occupied them (Article 20(4)), the Plaintiff may terminate the sirens contract, and in a case where the sirens contract is terminated halfway, Defendant A agreed to immediately return each of the instant machines to the Plaintiff.
(1) On October 31, 2012, before entering into the instant siren contract, E delegated the F with the authority to all equipment installed in the E plant to pay KRW 650,000,000 to F on October 31, 2012, the date of entering into the instant siren contract. The list of equipment attached to the power of attorney (No. 3,500,000) included each of the instant machinery, and the authority to “gold finished products and semi-finished products” installed in the E plant on October 23, 2013, after entering into the instant siren contract, was re-entrusted to F.