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(영문) 서울동부지방법원 2016.08.17 2016가단100028

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that sells Internet network equipment and engages in export and import business. Defendant C is the actual owner who held the title trust of the real estate indicated in the attached Table (hereinafter “instant real estate”) to Defendant B, and Defendant B is the title trustee of the instant real estate.

B. On June 4, 2010, the Plaintiff (the representative D at that time) purchased the instant real estate from Defendant B (Defendant C) with KRW 1.65 billion, but the down payment of KRW 165 million was concluded on September 30, 201 with the content that, at the time of the contract, the intermediate payment of KRW 835 million shall be paid KRW 85 million on June 11, 2010, and the remainder of KRW 650 million shall be paid on September 30, 2010.

(hereinafter “instant sales contract”). After that, the payment date of the remainder under the instant sales contract was extended several times, which was finally extended until June 30, 2012.

C. At the same time as the instant sales contract, the following agreements were concluded between D, Defendants, and E.

(hereinafter “Agreement of this case”). Agreement of this case

2. Defendant C (Defendant B in nominal title) shall lend one billion won of down payment and intermediate payment received from the Plaintiff pursuant to the instant sales contract to E.

3.D bears the joint and several liability for the debt of the borrowed amount of KRW 1 billion against the defendant B of E.

4. E and D shall prepare and deliver to Defendant B a notarial deed of promissory notes for consumption loans of the amount of one billion won as above.

5. Where E or D fully pays the principal and interest of the loan at the time agreed upon, the instant sales contract becomes null and void, and Defendant B shall pay one billion won out of the amount repaid to the Plaintiff as a refund of the purchase price.

6. If the Plaintiff’s return of the above KRW 1 billion did not recognize that the instant sales contract was null and void as a matter of course, Defendant B shall be deemed to have received the above KRW 1 billion as a sales price, and the Plaintiff may claim the remainder payment pursuant to the instant sales contract against the Plaintiff.

7. Where E or D does not fully repay the principal and interest of the above loan by the due date of the agreement.