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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 137,00,000 as well as the interest rate from April 8, 2015 to the date of full payment.
Reasons
1. Basic facts
A. (1) The Plaintiff is a company engaged in fiber manufacturing and salt processing business at a 3-site factory, other than 690-8 large 4,921 square meters, Busan Metropolitan Government Maritime Transportation Daegu (hereinafter “instant factory”). On December 26, 2013, Busan Metropolitan City Maritime Transportation Daegu purchased the above land and factory buildings owned by the Plaintiff for “the project to restore the ecological and river sites of the Su Young River” and paid compensation for losses to the Plaintiff KRW 3,982,738,210 (payment on January 2, 2014) and the cost of relocating the facilities (payment on April 18, 2014).
(2) On April 18, 2014, the Plaintiff was paid KRW 734,966,660 from Busan Shipping Daegu and agreed to remove or move obstacles, etc. to the instant factory and factory within five months from the date of payment (til September 18, 2014).
B. (1) On April 4, 2014, the Plaintiff entered into a sales contract with the Defendants to sell the machinery, apparatus, and scrap metal (hereinafter “the entire machinery, etc. of this case”) listed in the separate sheet No. 1 attached hereto to the Defendants as KRW 410 million (hereinafter “the instant sales contract”). The Defendants entered into a special agreement with the Defendants to remove all of the instant machinery, etc. by July 15, 2014 (hereinafter “the instant special agreement”).
(2) After that, Defendant A sold all of the instant machinery, etc. to C and D (hereinafter “C, etc.”) on April 11, 2014, and Defendant A, etc. decided to remove all of the instant machinery, etc. by June 11, 2014.
C. (1) The Defendants and C, etc. did not remove the machinery, apparatus and scrap metal listed in the separate sheet No. 2 of the instant factories and obstacles (hereinafter “the removal deadline”) by September 18, 2014 (hereinafter “the instant removal period”). The Plaintiff filed a lawsuit for removal and the instant administrative vicarious execution order by subrogationing the Defendants on October 17, 2014.