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(영문) 서울중앙지방법원 2017.08.30 2016가합534663

부당이득금

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

In light of the above legal principles, the Defendant’s sales contract was entered into between the Plaintiff and the Plaintiff, and the Plaintiff’s sales contract was entered into between the Plaintiff and the Plaintiff, and the Plaintiff’s sales contract was entered into between the Plaintiff and the Plaintiff, and the Plaintiff’s sales contract was entered into between the Plaintiff and the Plaintiff, and the Plaintiff’s sales contract was entered into between the Plaintiff and the Plaintiff.

(2) The main contents of the sales contract in this case are as follows. The sales contract in this case is the sales contract in this case (hereinafter referred to as the "sale contract in this case"). The main contents of the sales contract in this case are as follows: (a) the total amount of the supply price in this case (unit: 1,00 won) divided into the payment schedule (unit) and the balance of the payment schedule for the intermediate payment (in the case of taking occupancy) of the first 2nd 4th 5th 6th 6th 209 October 209, 209. < Amended by Presidential Decree No. 21814, Oct. 23, 2009; Presidential Decree No. 8990, Oct. 50, 2000; Presidential Decree No. 19990, 89, 909, 8909, 9090, 309, 9609, 9602nd 14th 2nd 2nd 20th 2nd 3rd 2.

C. 1) The Plaintiff paid the down payment in accordance with the instant sales contract at KRW 50,00,000 received from C. 2) The Plaintiff entered into an intermediate payment loan agreement pursuant to the instant sales contract with the new bank and the new capital capital, respectively, in the name of the Defendant (hereinafter “instant loan agreement”) and paid the intermediate payment in accordance with the instant sales contract with the new bank and the new capital capital, respectively. The Plaintiff borrowed KRW 359,960,000 from the new bank and paid KRW 179,980,000 from the new capital, respectively.

3) On March 31, 2010, Daeyang offered the remainder claim arising from the instant sales contract as security for transfer to Hanhwa Construction (hereinafter “the instant sales contract”).