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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,00 and 5% per annum from June 1, 2015 to June 16, 2017.
Reasons
1. Basic facts
A. On January 7, 2015, the Plaintiff was awarded a successful bid for the real estate auction auction procedure (e.g., Gwangju Northern-gu E and F ground second-class factory (hereinafter “instant factory”) owned by D Co., Ltd. (hereinafter “Nonindicted-class company”) (hereinafter “instant factory”) on January 15, 2015 and completed the registration of ownership transfer on January 15, 2015.
B. On March 25, 2015, the Plaintiff: (a) between the non-party company and the non-party company, from January 7, 2015 to May 31, 2015, paid a total of KRW 100 million for the use of the instant factory; (b) however, when the non-party company purchases the instant factory, it concluded a “certificate of payment of the cost of factory use” with the content that the non-party company would be paid the said KRW 100 million as part of the purchase price; and (c) the Defendants jointly and severally guaranteed the debt owed by the non-party company pursuant to
(hereinafter referred to as “instant agreement”). 【No dispute exists, Gap evidence 1, Gap evidence 2-1, and the purport of the whole pleadings and arguments
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff a fee of KRW 100 million for the factory of this case, unless there are special circumstances.
B. The Defendants’ assertion 1) At the time of the agreement of this case, the Defendants, at the time of the agreement of this case, prepared a letter of delegation of disposal of the property owned by the non-party company to the Plaintiff so that corporeal movables equivalent to KRW 141,100,00 may be appropriated for the costs of using the factory of this case. Accordingly, the Defendants were paid in kind to the Plaintiff for the obligations under the agreement of this case. Thus, the Plaintiff cannot claim a deposit against the Defendants. 2) According to the records of the evidence No. 3, according to the non-party company and the Defendants, at the time of the agreement of this case, transferred the ownership of all the goods, such as various houses owned by the non-party company within the factory of this case to the Plaintiff without compensation, and disposed of