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1. It was concluded on April 12, 2017 between the Defendant and D Co., Ltd. regarding the claims indicated in the separate sheet No. 2 list.
Reasons
1. Facts of recognition;
가. 원고들의 F에 대한 물품대금채권의 발생 1) 원고 A은 2014. 6. 1. 토목건축공사업 등을 목적으로 설립된 회사인 F 주식회사(변경 전 상호 : G, 이하 ‘F’라 한다
2) On the other hand, the Plaintiff entered into a contract for supply of goods, such as steel bars, and H, the representative director of F, jointly and severally guaranteed the F’s obligation to pay for the goods. 2) The Plaintiff supplied the F with goods, such as steel bars, in accordance with the said contract for supply of goods.
On December 4, 2015, F and H have drafted a notarial deed stating that “F will repay 794,773,253 won as of December 4, 2015 to the Plaintiff A as of December 4, 2015.”
3) On November 25, 2015, Plaintiff B entered into an agreement on the supply of ready-mixed with F and supplied ready-mixeds. F settled the amount of KRW 300,000,000 with Plaintiff B on November 25, 2015, and issued to Plaintiff B a promissory note of KRW 300,000 at face value and 300,000 at face value to Plaintiff B on the same day. Meanwhile, F was treated as dishonor on December 1, 2015.
B. On August 20, 2013, FF loaned KRW 2,700,000,000 to D, a company established for the purpose of real estate sale and lease business, etc. (i.e., “D”) and D., “F” (i.e., loan of KRW 2,700,000,000 out of the said money) until December 31, 2013, D paid KRW 1,000,000,000 until June 30, 2014, and (ii) the interest rate of KRW 70,000,000,000 as a joint and several debt rate of the representative director from October 1, 2013; and (iii) HD’s joint and several debt as a joint and several debt agreement.”
Accordingly, during the period from August 28, 2013 to September 5, 2013, F lent KRW 2,686,00,000 to D.
C. 1) D D’s real estate listed in the real estate list attached Form 1 on September 5, 2013 (hereinafter “instant real estate”).