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1. The defendant jointly with KSD Co., Ltd., and the defendant is the guarantor of KSD Co., Ltd.
Reasons
1. Basic facts (applicable for recognition: non-strifeed facts, Gap evidence 1 through 4 (including paper numbers, hereinafter the same shall apply);
(2) Each entry and the purport of the whole pleading
A. On November 26, 2014, the Plaintiffs entered into a contract with the KSD Co., Ltd. (hereinafter “Nonindicted Company”) and the Plaintiff’s Dodong (hereinafter “Ddong”) to sell KRW 5038 square meters prior to the Plaintiff’s holding, KRW 177 square meters prior to the F. B’s holding, and KRW 440 square meters of G forest land (hereinafter collectively “each of the instant lands”) for KRW 1,060,000 for price (hereinafter “instant sales contract”).
B. The Plaintiffs, in the instant sales contract, received KRW 100 million from the Nonparty Company on the day, provided that the Nonparty Company violated the contract deposit on the same day, deeming the contract deposit as a penalty and lost the right to claim the return thereof. The remainder of KRW 960,000,000 agreed to be paid on March 19, 2015, and the Defendant guaranteed the implementation of the instant sales contract.
C. On November 26, 2014, the Plaintiffs completed the registration of ownership transfer in the name of Nonparty Company on the grounds of the instant sales contract with respect to each of the instant land.
On December 24, 2014, the non-party company set the right to collateral security of KRW 360,00,000 with the maximum debt amount, KRW 1,440,000 with the maximum debt amount, KRW 1,440,000 with the maximum debt amount, KRW 1,80,000 with the maximum debt amount on September 18, 2015, the right to collateral security of KRW 180,000 with the H maximum debt amount on October 13, 2015, and the right to collateral security of KRW 90,00,000 with the maximum debt amount, to the Hancheon Agricultural Cooperative on January 20, 2016, and to I on August 11, 2016, the right to collateral security of KRW 600,000,000 with the maximum debt amount.
E. On March 19, 2015, the agreed payment date, the non-party company failed to pay the balance to the Plaintiffs, and the instant warden, stating that the Plaintiffs would cancel the instant sales contract on the grounds of unpaid balance, served on the non-party company on August 3, 2017.
F. However, the Gwangju District Court J, K (Dupl) applied for by creditors of the non-party company.