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1. The Defendant (Appointed) and the designated parties jointly and severally shall be KRW 200,000,000 to the Plaintiff and the designated parties C.
Reasons
1. Facts of recognition;
A. On August 22, 2014, E transferred each of the real estate, authorization and permission rights, machinery equipment, etc. stated in the attached Form “object subject to transfer and takeover” to the Selection C and D in KRW 4,000,000,000. The Defendant (Appointed Party) as at the time, jointly and severally guaranteed the obligation to pay the above transfer price to Defendant C and D.
B. The Selection C and D drafted a “performance Agreement” with the content that the payment of KRW 200,000,000 among the transfer proceeds by October 29, 2014 was made to E by October 31, 2014. On November 201, 2014, the Selection C and D again drafted a “statement” with the content that the payment deadline of the unpaid transfer proceeds shall be extended by December 6, 2014, and the Defendant (Appointed Party) affixed a seal as a joint guarantor.
C. On December 11, 2014, E transferred the above claim amount of KRW 200,000,000 to the Plaintiff, and the Defendant (Appointed Party) consented to the assignment of the above claim, and the Defendant (Appointed Party) affixed his/her seal on the contract for the transfer and takeover of the claim to the effect that he/she consented to the assignment of claim as the Appointed C and D’s representative.
[2] The assignment of claims between the Plaintiff and E and the Defendant (Appointed Party) and the consent thereto are “Agreement on December 11, 2014.”
On July 30, 2015, the Defendant (Appointed Party) drafted a “statement of performance” that the Plaintiff would pay the said KRW 200,000,000 to the Plaintiff in installments three times from August 2015 to December 2015.
[Reasons for Recognition] Evidence No. 1-5, Evidence No. 1-1, Evidence No. 1, the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant (Appointed Party) and the designated parties (hereinafter referred to as “Defendants”) are jointly and severally liable to pay the Plaintiff the transfer price of KRW 200,000,000, and damages for delay thereof, which were acquired from the Plaintiff who received the claim from the Defendant E, unless there is a compelling reason not to do so.
3. Determination as to the defendants' defense
A. The Defendants’ defense was made on December 1, 2014.