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1. Defendant B and C jointly combine with the Plaintiff KRW 115,50,000,00 and as to this, Defendant B from March 5, 2016.
Reasons
1. Facts of recognition;
A. Defendant B is a person engaged in the wholesale business of agricultural, fishery, and livestock products, and Defendant D is a person who operates the F Co., Ltd. in the name of East E.
From around 2012, Defendant D offered a discount on bills to Defendant B or lent bills to Defendant B, and received eggs, chickens, etc. from Defendant B from around 2013, and supplied them to G prisons, etc.
B. Defendant D remitted to Defendant B the loan amount of KRW 25 million on February 2, 2016, KRW 35 million on April 4, 2016, KRW 13 million on February 5, 2016, KRW 7320,000,000 in total, and KRW 7,320,000 on February 5, 2016. Defendant B made a loan certificate stating the loan amount of KRW 70,000 on February 4, 2016, and Defendant D completed the registration of creation of a mortgage amount of KRW 70,000,000 on the first floor of the Daegu Seo-gu I apartment under the name of Defendant D on the same day.
C. Around January 2016, Defendant B issued a bill of exchange (bill number J) and delivered it to Defendant D, and Defendant B endorsed and distributed it. Defendant B settled the bill on February 25, 2016.
around December 2015, Defendant B issued and delivered to Defendant D a bill (bill number: K) equivalent to the face value of 48,900,000, and Defendant B endorsed and distributed it. Defendant B settled the bill on February 29, 2016.
E. From February 26, 2016 to February 29, 2016, Defendant D remitted the sum of KRW 160,968,000 to Defendant B (hereinafter “the instant money”). Defendant B paid the instant money with the bills issued by oneself not later than February 29, 2016. Of them, KRW 47,30,000 was issued on December 14, 2015 by Defendant B and used to settle the bills (amounted to KRW 47,730,000,000,000) endorsed by Defendant D.
F. On February 28, 2016, Defendant B prepared and ordered Defendant D with a loan certificate of KRW 176 million with the borrowed amount, and on March 2, 2016, Defendant D with respect to the real estate listed in the attached real estate list owned by Defendant D (hereinafter “instant apartment”).