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(영문) 서울중앙지방법원 2016.01.14 2015가합507787

손해배상금 등

Text

1. The Defendant’s KRW 117,707,982 against the Plaintiffs and 5% per annum from January 20, 2015 to January 14, 2016.

Reasons

1. Facts of recognition;

A. (1) On February 22, 2014, the Plaintiffs entered into a sales contract and entered each of the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant on February 22, 2014, and each of the real estate listed in paragraph (3) of the separate sheet as “instant building

2) The sales contract to sell 4.2 billion won (hereinafter “instant sales contract”)

(2) The separate column of the real estate sales contract (No. A. 1) prepared at the time of the conclusion of the instant sales contract is indicated as follows:

① The method of paying the sales price of the instant real estate is to have the Defendant borrow 4.2 billion won in the name of the Plaintiffs at the same place where the National Federation of Fisheries Cooperatives (hereinafter referred to as the “Federation”) was scattered, without making any down payment

(A) In addition, the sales contract of this case is completed as the plaintiffs received a loan of KRW 4.2 billion and transferred business rights.

(1) Paragraph (1). (2) The defendant shall change the name of the lender who is the plaintiffs within 2 months from the date on which the plaintiffs received the loan of KRW 4.2 billion and at the same time transfer the ownership of the real estate in this case.

(3) The repayment of interest and principal and interest on KRW 4.2 billion loaned under the names of the plaintiffs from the Suhyup shall be made in full monthly by the defendant.

(4) If the Defendant fails to comply with the provisions of paragraphs (1), (2), and (3) (the above, (1), (2), and (3)), the instant sales contract is automatically reversed, and the Defendant shall compensate the Plaintiffs for KRW 100 million.

(4) (5) In the event that the Defendant fails to pay interest and repayment of principal and interest every month before changing the name of the lender under paragraph (2) (2), the instant sales contract was automatically reversed, and the Plaintiffs shall be compensated for KRW 100 million as penalty for breach of contract.

(5) Paragraph (5). 6. The plaintiffs will transfer all business rights to the defendant from the day following the receipt of the loan of KRW 4.2 billion.