1. Defendant C’s KRW 111,90,000 and its amount are 15% per annum from March 9, 2019 to May 31, 2019.

1. Presumed factual basis

A. On October 27, 2017, the Plaintiff filed a claim against D and E for the amount of KRW 111,900,000 for goods price and damages for delay against D and E Co., Ltd. as the Jung-gu District Court Decision 2017Da128688, and the Plaintiff won the entire decision on November 27, 2018, and the judgment became final and conclusive around that time.

B. Meanwhile, F. F. F. factory site and factory building and machinery and instruments installed thereon are all the business property, which is the basis for the existence of the company E, and upon application by the Industrial Bank of Korea, the mortgagee of the right to collateral security, the real estate auction procedure commenced with G District Court G on February 2, 2018, the Defendant acquired the ownership of the aforementioned factory site, factory building and machinery and instruments at a successful bid.

[Reasons for Recognition] Unsatisfy, Gap 1, 3-5 evidence, the purport of the whole pleadings

2. Defendant C, the representative director of the Plaintiff’s assertion E and the actual one shareholder, in collusion with Defendant B, made it impossible for the Plaintiff to execute and satisfy the claim for the purchase price of the goods amounting to KRW 111,90,000 by reducing the liability property of Defendant B, with the purpose of evading the Plaintiff’s compulsory execution.

Since these acts of the Defendants constitute tort against the Plaintiff, the Defendants jointly have the obligation to pay the Plaintiff the damages amounting to KRW 111,90,000 and the damages for delay.

3. Acknowledgement of a claim for determination as to the claim against Defendant C: A judgment based on the assertion of confession (Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act).

4. Generally, the determination of the claim against Defendant B may constitute a tort by a third party, but the infringement of the claim by a third party is not always a tort, but a third party’s claim infringement is not always a tort, and the determination should be made by specifically examining the establishment of the claim according to the mode of claim infringement.

Any third party shall be liable for the debtor's property.