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1. The Defendant’s KRW 95,870,230 as well as the Plaintiff’s annual rate from September 21, 2016 to June 26, 2018.
Reasons
1. Basic facts
A. On July 3, 2009, the Plaintiff entered into a payment guarantee insurance contract (insured: Samsung Electronic Co., Ltd., Ltd., insurance amount of KRW 50,000,000, insurance period: From July 7, 2009 to July 6, 2010, the object of guarantee: Sales of goods) under the joint and several surety between the representative director D and the auditor B (the name before the name is named E, and between D and the married couple).
B. On June 11, 2010, the Plaintiff paid 50,000,000 won to the insured on June 30, 2010, and thereafter filed a claim suit against C, D, and B with the court (2010Gadan320247). On November 26, 2010, the Plaintiff was jointly and severally sentenced to the Plaintiff to pay 50,000,000 won and damages for delay thereof, and the judgment on December 16, 2010 became final and conclusive.
(hereinafter “Prior Judgment”) C.
B concluded the instant sales contract on behalf of the Defendant on September 9, 2015 with F’s agent G ( wife) and real estate listed in the separate sheet (hereinafter “instant apartment”) on behalf of the Defendant, who is his own child, to purchase KRW 265 million for the purchase price of KRW 200,000,000,000,000 for the remainder payment of KRW 30,000,000 at the time of the contract, intermediate payment of KRW 20,000,000,000 for the remainder payment of KRW 215,00,000 on October 28, 2015, the remainder payment of KRW 20,000,000 shall be paid respectively on November 30, 2015 in the name of the national bank of Korea (the highest credit amount of KRW 182,40,000,000 on the remainder payment date of the contract.
In accordance with the above agreement, on November 30, 2015, the registration of the ownership transfer for the apartment of this case was completed on the ground of the above sale in the future of the defendant (the registration of the cancellation of the registration of the establishment of the neighboring apartment of this case was completed on the same day). On the same day, the defendant completed the registration of the establishment of the neighboring apartment of this case with respect to the debtor with respect to the bank of Korea, the debtor as to the apartment of this case at KRW 110,000,000, and received a loan of KRW 100,000 from the above bank to the seller.