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1. As to the Plaintiff, Defendant B and C jointly and severally KRW 871,795,651, and KRW 12,650,125 among them, Defendant B and C shall be jointly and severally liable for damages incurred to the Plaintiff on January 26, 2019.
Reasons
1. Basic facts
A. On April 26, 2018, G Co., Ltd. concluded a contract with Defendant B to acquire bonds without guarantee (hereinafter “instant bonds”) of KRW 850,000,000 in total face value of the face value of the right issued by Defendant B (hereinafter “instant bonds”), and paid KRW 850,000,000 to Defendant B. Defendant C, the representative director of Defendant B, guaranteed that Defendant B, jointly and severally, pay the amount that Defendant B is obligated to perform under the instant contract.
B. On March 28, 2018, the Plaintiff entered into a contract with G Co., Ltd. to acquire the instant bonds and other rights incidental thereto, as stipulated in the instant underwriting agreement, as a limited company specializing in asset-backed securitization established under the Act on Asset Integration.
(c)
On October 26, 2018, Defendant C entered into a mortgage agreement with Defendant D as to each real estate listed in [Attachment 1] and 2 of [Attachment 1] on its own possession, and completed the registration of establishment of a lower-ranking right for each of the above real estate as of October 30, 2018, No. 52600,000, which was received on October 30, 2018, to Defendant D, on the ground of the above mortgage agreement.
(d)
Defendant C entered into a mortgage contract with Defendant E on October 26, 2018 with regard to each real estate listed in the separate record No. 1 attached hereto, and for the reason of the above mortgage contract, Defendant E entered into a mortgage contract with Defendant E on October 30, 2018 with regard to each of the real estate listed in the separate record No. 1, No. 52601 attached Table 1, No. 1, No. 2000,000 for each of the claims listed in the separate record No. 1, No. 57364 attached Table 1 for receipt on October 30, 2018, the registration of establishment of the maximum claim amount of KRW 60,000,000 for each of the real estate listed in the separate record No. 3 and No. 4 attached Table 1, No. 57364 on October 30, 2018 for receipt of the registration of Busan District Court and the record No. 1, No. 458, Oct. 7, 195, 2018.