계약금반환 청구의 소
1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
1. Basic facts
A. Daejeon Mutual Savings Bank’s loan claims 1) Daejeon Mutual Savings Bank Co., Ltd. (hereinafter “ Daejeon Mutual Savings Bank”) is limited to Daejeon Mutual Savings Bank.
(3) A mutual savings bank entered into a credit transaction agreement with the non-party company that carried out a multi-family housing development project in Chungcheongnam-gun Q Day, with the credit amount of KRW 3.8 billion on March 26, 2007, annual interest rate of KRW 10% on March 26, 2008, and the credit period of March 26, 2008. ② A mutual savings bank entered into a credit transaction agreement with the credit amount of KRW 6.61 billion on March 31, 2009, annual interest rate of KRW 12% on September 30, 2009, and the credit period of KRW 593 billion on May 27, 2009, and concluded a credit transaction agreement with the credit amount of KRW 12% on September 27, 2009, as well as the credit period of KRW 200,000 on September 27, 2009.
As of December 30, 2014, loans owed by a non-party company to Daejeon Mutual Savings Bank are KRW 5,598,950,366 in total of principal and interest.
B. Daejeon Mutual Savings Bank’s bankruptcy was declared bankrupt on February 2, 2012 by Daejeon District Court 201Hahap1, and the Plaintiff was appointed as the bankruptcy trustee of Daejeon Mutual Savings Bank.
(hereinafter referred to as "Plaintiff" without distinguishing Daejeon Mutual Savings Bank and the plaintiff (hereinafter referred to as "Seoul Mutual Savings Bank").
1) The non-party company and the defendants enter into a sales contract between the non-party company and the defendants in order to carry out the multi-family housing development project as shown in the attached Table of Sale and Purchase Details (hereinafter “instant sales contract”).
(2) On March 26, 2007, the Defendants paid each corresponding amount indicated in the “contract deposit” column to the Defendants as contract deposit. (2) The instant sales contract concluded between Nonparty Company and Defendant N,O, and P and the Defendants other than Defendant N, P are concluded.