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1. The Defendants shall be individually and severally liable to the Plaintiff Engineering Co., Ltd., which is open to the Plaintiff, KRW 1,826,575 and Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiffs are the parties and their relations 1) The Plaintiffs constitute joint contractors with the Jinsung Co., Ltd., the Jeonjin Construction Co., Ltd., and the Mailing Engineering Co., Ltd., on July 8, 2010, with D, the president of the C Hospital, and on July 8, 2010 (hereinafter “instant land”).
3) Ground C Hospital building (hereinafter “instant building”)
(i) the increased or improved construction (hereinafter referred to as “the instant construction”)
(2) Defendant B had served as the head of the F branch of the Defendant Woori Bank Co., Ltd. (hereinafter “Defendant Woori Bank”) from January 10, 2009 to December 16, 2010, and G had served as the person in charge of loans at the above branch from February 20, 2010 to February 20, 201.
B. On June 30, 2010, the Defendant Woori Bank prepared a written confirmation of waiver of right of retention and its exercise 1) and written confirmation of waiver of right of retention from D, which read as follows: (a) obtained a right to collateral security on the instant land and buildings from D; and (b) loaned KRW 4 billion to D with the facility fund related to the instant project; (c) Defendant B and G, who took charge of the said loan in the process, around July 2010, were the Plaintiffs, co-contractors of the instant construction, and documents related to the instant loan, as documents related to the instant loan, “a company is responsible for the instant construction as the contractor of the instant building, and the confirmation person is not exercising any right, etc. in connection with the construction of the instant building (the period: until the completion or until the revaluation of the security after completion).”
2) The C Hospital was drawn up on May 201, 201, when the alteration of the certificate of waiver of the right of retention was made.