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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 210,000,000 and the interest rate thereon from May 2, 2017 to the date of full payment.
Reasons
1. Indication of claim;
A. The Plaintiff acquired a loan claim of KRW 400 million from D to Defendant B Co., Ltd. (hereinafter “Defendant Company”).
B. On July 25, 2015, Defendant Company paid KRW 200 million out of the acquisition amount of the above bonds to the Plaintiff, and the Plaintiff and Defendant Company agreed to extend the due date for the remaining KRW 200 million, but to pay KRW 10 million in addition to delay damages.
C. On January 6, 2016, the Plaintiff shall pay KRW 210 million between the Defendant Company by February 20, 2016, and if the Defendant Company fails to pay the above KRW 210 million by February 20, 2016, the Plaintiff agreed to repay the E building No. 106 Dong 103 (hereinafter “instant building”) as a substitute for the Plaintiff at the Namyang-ju, and the Defendant C drafted a final agreement with the content, and issued to the Plaintiff a sales contract, a registration delegation, and a certificate of personal seal for sale stating that the sale price was fully paid KRW 410 million with respect to the instant building.
F On April 20, 2016, the Defendants purchased the instant building from the Defendants and paid the sales price to the Defendants, and thereafter reside in the instant building.
E. Ultimately, the Defendant Company is obligated to pay the unpaid amount to the Plaintiff, and the Defendant C is obligated to compensate for damages arising from the impossibility of performing the sales contract of the instant building.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 210,000,000 won and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the day following the delivery date of the copy of the instant complaint to the day of full payment.
2. Judgment with no ground for recognition (Article 208 (3) 1, Article 257 (1) of the Civil Procedure Act);