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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,300,000,000, and Defendant A Co., Ltd. and Defendant C on October 2013.
Reasons
1. Basic facts
A. Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company engaged in general construction, construction, etc.; Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company engaged in a housing construction business, etc.; Defendant A and Defendant B (hereinafter “Defendant Co., Ltd.”) entered into a contract on July 25, 2007, for supply of KRW 646 m2,251,956,00 (hereinafter “the instant land”) to Defendant A and Defendant B (hereinafter “Defendant Co., Ltd”) from the Corda Co., Ltd. (hereinafter “Corda”), and on July 25, 2007, 2007, the Plaintiff Corda Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into a contract on the supply of quasi-residential land to be supplied with KRW 2,251,956,00,000.
B. On August 8, 2007, the Plaintiff purchased the instant land from the Defendant Company, and the down payment amounting to KRW 400 million was concluded at the time of concluding a contract, the intermediate payment of KRW 1.2 billion was divided into two parts, and the intermediate payment of KRW 1.2 billion was each KRW 600 million on August 16, 2007 and August 30, 2007, and the remainder was each to be paid at the time of land use (hereinafter “instant sales contract”).
In addition, the sales contract of this case is signed and sealed by Defendant C and Defendant D as joint and several sureties of the Defendant Company, the seller.
C. According to the instant sales contract, the Plaintiff paid the Defendant C the total amount of KRW 400 million as the down payment on August 8, 2007, KRW 600 million as the first intermediate payment on August 16, 2007, KRW 600 million as the second intermediate payment on August 30, 2007, KRW 170 million as part of the remainder payment on February 8, 2010.
However, among the land in this case, Defendant C received a loan by establishing a collateral security (hereinafter “instant collateral security”) on the land as security after completing the registration of ownership transfer under the name of Defendant C and his wife, among the land in this case. The Plaintiff filed a criminal complaint against Defendant C.
Defendant C is at the Suwon District Court on August 8, 2012.