Text
1. Defendant B Co., Ltd, C, D, E, F, and G are jointly and severally liable to the Plaintiff for KRW 210,000,000, and their amount from April 16, 2016.
Reasons
1. Basic facts
A. On November 9, 2015, Defendant B Co., Ltd. (formerly: H Co., Ltd.) sold solar power plants to be installed on K, L, M, N land and its ground at the time of stay in the Plaintiff, I (the Plaintiff’s form) and J (the Plaintiff’s wife).
(hereinafter “instant sales contract”). B.
Defendant B, despite having received a total of KRW 215,00,000 from the Plaintiff as the purchase price of this case, was sold twice the object of the instant sales contract to another person and completed the registration of transfer of shares.
C. On March 28, 2016, Defendant B Co., Ltd., and Defendant C, D, E, F, and G, an executive officer or employee thereof, prepared a letter of commitment to payment that “Defendant B Co., Ltd. and joint guarantor (Defendant C, D, E, F, and G) shall jointly and severally pay to the Plaintiff the down payment and damages amount of KRW 235,00,00,000 in a designated account at a time until April 15, 2016, to the Plaintiff, representing the buyers of the instant sales contract.”
(hereinafter “instant agreement”). D.
On March 9, 2016, Defendant G completed the registration of establishment of a mortgage as stated in paragraph (2) of the claim for the establishment of a mortgage on March 9, 2016 (hereinafter “mortgage”) against Defendant Dong Agricultural Cooperative (hereinafter “instant real estate”). Defendant G completed the registration of establishment of a mortgage on March 24, 2016 with respect to the instant real estate on the ground of the contract to establish a mortgage as of March 9, 2016 (hereinafter “mortgage”). Defendant G completed the registration of establishment of a mortgage on March 24, 2016 on the ground of the maximum debt amount indicated in paragraph (3) of the claim as of March 9, 2016.
F. Defendant G was registered as an internal director on January 11, 2016 on the certificate of corporate registration of Defendant B Co., Ltd.
G. Defendant B Co., Ltd. on April 15, 2016