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1. The Defendants are jointly and severally liable to the Plaintiff.
(a) As regards KRW 300,000,000 and KRW 50,000 among them, from July 1, 2015.
Reasons
Facts of recognition
On June 10, 2005, the Plaintiff, as the representative director of Defendant B (hereinafter “Defendant Company”), entered into a real estate sales contract with Defendant C and the Plaintiff, on the condition that the purchase price of KRW 1.65 million is KRW 165,000,000,000,000 for D forest land owned by the Defendant Company (hereinafter “instant real estate”) and KRW 1.65,000,000,000,000 for the intermediate payment and KRW 32,000,000,000 for the intermediate payment and KRW 100,000,000 for the intermediate payment until July 5, 2005; the remainder on August 16, 2005; and KRW 1.1 billion for each payment until September 10, 2005.
(hereinafter “instant sales contract”). After October 11, 2005, Defendant C assumed office as the representative director of the Defendant Company.
Meanwhile, Defendant C failed to pay the remaining purchase and sale amount to the Plaintiff by September 10, 2005, which is the remainder payment date stipulated in the instant sales contract, and the Plaintiff changed the remaining payment date to September 30, 2005, but even on the changed payment date, Defendant C did not pay the Plaintiff the remaining purchase and sale amount of KRW 251 million to the Plaintiff.
Accordingly, the Plaintiff and Defendant C agreed on November 1, 2005 with respect to the payment of the remaining trade amount of KRW 250,000,000,000 as follows:
hereinafter referred to as the "Performance Agreement dated November 1, 2005".
(1) On the basis of the terms and conditions of the performance agreement, Defendant C shall pay the remainder and interest to the Plaintiff as follows. The remainder after six months after the remainder of the 150,000,000 won per annum of the 120,000 won per annum after six months after the remainder of the 131,00,000 won per annum of the 120,000 won per annum of the 120,000 won per annum after six months after the remainder of the 150,000 won per annum. Defendant C shall pay the remainder after the completion completion certificate to the Plaintiff. Defendant C shall cooperate with the Plaintiff to find the deposit (deposit).
Defendant C grants the Plaintiff KRW 200,000,000.
Provided, That the interest rate may be adjusted one year after the payment of the balance.
As of November 1, 2005, the unpaid balance shall be set forth in the above implementation agreement.