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(영문) 서울서부지방법원 2020.08.27 2019가합1435
대여금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 130,000,000 and the period from September 11, 2019 to May 19, 2020.

Reasons

1. Basic facts

A. On May 14, 2018, E and F entered into a resale contract with respect to the relevant real estate; and on May 14, 2018, G: H 11,028 square meters, I forest land 53,442 square meters, J forest 4,957 square meters; and on the same day, E are collectively referred to as “related real estate” as “E and F sales to G.

(2) In selling KRW 7,600,000,000 as a sum of KRW 7,600,000, the down payment was paid in installments on the date of the contract and May 31, 2018, and the balance of KRW 7,100,000,000 was agreed to be paid on May 13, 2019. (2) E, F, G, and L were added to L as joint buyers under the above sales contract on November 15, 2018, and E was additionally paid KRW 500,000,000 from L.

3) On May 16, 2019, E and F rescinded the sales contract on the grounds that the remainder under the said sales contract was not paid by G and L until May 13, 2019. In addition, E and F entered into an agreement with G on the same day to sell relevant real estate at KRW 7,900,000,000 (hereinafter “instant sales contract”).

3) The Plaintiff paid KRW 500,000,000 on the date of the contract (However, the Plaintiff paid KRW 500,000 as the down payment of the instant sales contract at the time of the previous sales contract, and only KRW 300,000,000 as the difference was paid.

(4) On May 27, 2019, G concluded a contract with “other than the Plaintiff, etc.” (the relevant real estate transfer contract includes “other than the Plaintiff, etc., but is not specified other than the Plaintiff,” excluding the Plaintiff) to resell the relevant real estate on May 27, 2019, and agreed that “the down payment of KRW 500,000,000 out of the down payment of KRW 800,000,000, which was paid by G, 300,000,000 among the down payment of KRW 80,000,000, which was paid by two other than the Plaintiff.”

B. The Plaintiff’s remittance of the Plaintiff’s money to Defendant B’s account on May 10, 2019 at the request of the Defendants.

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