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(영문) 인천지방법원부천지원 2014.09.19 2014가합856

손해배상(기)

Text

1. As to the Plaintiff’s KRW 298,00,000 and KRW 150,000 among them, Defendant B shall start on February 12, 2010, and the remainder of KRW 148,00.

Reasons

1. Determination as to the claim against the defendant B

(a)in addition to the description of the claim, the indication of the reasons for the claim;

(b) Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination as to the claim against Defendant C and Kimpo Agricultural Cooperatives

A. Defendant B, as a real estate developer, planned to engage in the profit-making business by developing and selling to others after purchasing six parcels of land owned by the Plaintiff (hereinafter “each parcel of land of this case”).

B) On October 22, 2009, Defendant B concluded a sales contract with the Plaintiff to purchase each of the instant land in the name of J, K, and L, and agreed to pay the down payment of KRW 450 million to the Plaintiff on December 30, 2009, the remainder of KRW 2.55 billion on the date of the contract, and the remainder of KRW 2.5 billion on the date of the contract. 2) After the creation of the instant right to collateral security, Defendant B did not prepare any balance after December 30, 2009, which is the remainder of the payment date, until December 30, 2009, and Defendant B did not have any capacity to obtain a loan from the Plaintiff for the remainder of KRW 1.8 billion on each of the instant land, and paid the remainder of the loan to the Plaintiff as the remainder of KRW 30 billion on each of the instant land in the name of the Plaintiff 1,200,000.