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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 222,316,437 and KRW 199,816,437.
Reasons
1. Basic facts
A. In around 2014, the Plaintiff entered into a sales contract with Defendant B, a representative of E and F, to purchase 150 square meters (hereinafter “instant land”) out of both G and H land in Yangju-si, and to purchase 30 million won on May 11, 2014; and
6.3.195 million won was paid to Defendant B, respectively, but the registration of ownership transfer with respect to the instant land was not completed.
B. After that, the Plaintiff asserted that “Defendant B did not have obtained the power of representation on the sales contract of the instant land, and forged the seal impression of E and F,” and demanded Defendant B to transfer the ownership of the instant land or to return KRW 225 million paid to Defendant B.
C. On October 15, 2015, the Plaintiff drafted a notarial deed set forth in No. 4250, including the Multiururury Law Firm, 2015, with the following content as Defendants and D:
(hereinafter “instant authentic deed”). Defendant B returned to the Plaintiff KRW 25 million (hereinafter “instant refund”), and KRW 115 million out of KRW 225 million, until November 30, 2015, the remainder of KRW 110 million by November 30, 2015, shall be repaid until December 31, 2015.
(Articles 1 and 3). The interest on the said money shall be paid at least KRW 30 million until May 31, 2016; however, each of the above money shall be paid at a rate of 20% per annum from the day following the due date until the due date of repayment.
(Articles 2 and 3). If Defendant B fails to pay the principal and interest immediately after receiving a peremptory notice from the Plaintiff for the performance of his obligation, Defendant B shall pay to the Plaintiff a penalty of 22.5 million won.
(6) Defendant B shall implement the registration procedure for the establishment of a neighboring mortgage on the real estate owned by Defendant C and D and the real estate acquired within the due date.
(Article 7) Defendant C and D are joint and several sureties’s obligations.
On December 2, 2015, the Plaintiff did not pay KRW 115 million out of the refund amount in this case to Defendant B and D on November 30, 2015.