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(영문) 수원지방법원안양지원 2016.03.31 2015가합1159

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 10, 2008, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant and the Defendant, and entered into a sales contract and the alteration thereof. On September 10, 2008, the Plaintiff is a building with the Defendant, Geumcheon-gu Seoul Metropolitan Government 1007-13 large scale 3472.1m2, 1007-19 large scale 4337.2m2, and each of the above above ground buildings (hereinafter “each

A) The sales contract is to sell KRW 73.5 billion, and is to receive KRW 1.5 billion as down payment from the Defendant on the same day and to receive KRW 72 billion as the remainder when a loan of financial rights promoted by the Defendant is executed (hereinafter “instant sales contract”).

2) On October 6, 2008, the Plaintiff concluded the first amendment contract with the Defendant, and the Defendant agreed to pay the remainder KRW 2 billion to the Plaintiff in advance as an intermediate payment. On October 6, 2008 and December 1, 2008, the Defendant paid the Plaintiff KRW 2 billion each in total to the Plaintiff on December 1, 2008.

3) A person who fails to obtain a loan of financial rights promoted by the Defendant due to economic depression, etc. and thus makes the payment of the balance difficult, and the Plaintiff entered into the second amendment contract with the Defendant on February 1, 2009, and the Defendant entered into the second amendment contract with the Defendant, thereby making the Plaintiff’s C&C notification (hereinafter “T notification”).

22 billion won out of the balance of debt 22 billion won paid to the Plaintiff. PF loans related to the business of constructing complex facilities at KRW 1007-13, Geumcheon-gu Seoul Metropolitan Government shall be paid at the same time as the remainder of 48 billion. The Defendant shall be deemed as the Plaintiff’s Korea Mutual Savings Bank, Gyeonggi Mutual Savings Bank, Promotion Mutual Savings Bank, and Yong-Nam Mutual Savings Bank Co., Ltd. (hereinafter referred to as “each of the instant savings banks”), and the entry of “stock companies” shall be omitted when referring to individual savings banks.

32.15 billion won (hereinafter “instant loan”) in total of the loans extended to the Company (hereinafter “instant loan”).

‘Financial costs' for ‘financial costs'.