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(영문) 서울중앙지방법원 2015.05.14 2013가합56797

손해배상(기) 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Status of the parties and conclusion of a sales contract 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).

2) The apartment of this case is a “AX apartment” (2 Dong Dong-dong 142, hereinafter referred to as the “instant apartment of this case”) on the ground of the land of 19,000,000,000

(B) A corporation (hereinafter referred to as “Plaintiff B”) is an executor who constructed and sold the building and sale, regardless of whether it is before or after rehabilitation.

(2) Around August 2011, the Defendants entered into a supply contract with the Plaintiffs on the instant apartment (hereinafter “instant apartment sales contract”) and the details relating to the instant apartment sales contract are as follows.

Article 1 (Sale Price and Payment Schedule) The plaintiffs shall supply the above real estate in accordance with the terms and conditions of this sale contract, and the defendants shall pay the following sale price in accordance with the deposit method stipulated in this contract:

The remainder of the intermediate payment of down payment shall be 5% (10%) once (10%) two times (10%) three times (10%) (10%) (10%) five times (10%) (10%) five times (10%) (35%) (10%) at the time of the contract, October 17, 201; < Amended by Presidential Decree No. 23183, Feb. 15, 2012; Presidential Decree No. 23788, Dec. 17, 2012; Presidential Decree No. 23788, Apr. 17, 2012; Presidential Decree No. 24680, Apr. 15, 2012; Presidential Decree No. 24470, Apr. 17, 2012; Presidential Decree No. 24470, Apr. 2, 2013; Presidential Decree No. 24770, Oct. 6, 2013>

3) Meanwhile, multiple buyers, including the Defendants, are the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) established by the Plaintiffs’ intermediation pursuant to Article 2 of the instant sales contract.

B) A loan agreement with regard to KRW 200 million out of the intermediate payment of each apartment of this case (hereinafter “instant loan agreement”).

Pursuant to the above loan agreement, foreign exchange banks implemented the loan of the intermediate payment at the first and fourth payment date of the instant sales contract, and paid to the accounts designated by the Plaintiffs, and the Plaintiff B up to November 30, 2012.