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(영문) 서울고등법원 2018.06.29 2018나2019444
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

purport.

Reasons

1. The facts following the facts are either in dispute between the parties, or acknowledged by considering the overall purport of the pleadings as a whole in each entry of Gap evidence Nos. 1 to 3, Gap evidence No. 7, Eul evidence No. 1, 5, and 7 (the proof number is included; hereinafter the same shall apply).

[1] The Plaintiff is a company established for the purpose of real estate execution, real estate development, etc., and the Defendant is a company established for the purpose of operating installment financing, credit loans, or secured loans, etc.

On December 8, 2015, the Plaintiff entered into a contract for asset sales with the Defendant to purchase the assets subject to the following [attached Form] list (hereinafter “subject assets of this case”) in KRW 7.5 billion:

(hereinafter “instant sales contract” and “the instant sales contract” written pursuant thereto. The seller of the assets: The Defendant: the Plaintiff, in accordance with the terms and conditions of this contract, intends to sell the assets to the Plaintiff (the same shall apply as defined in Article 1), and the Plaintiff, in accordance with the said terms and conditions, intends to purchase them from the Defendant.

(hereinafter referred to as “principal transaction”). Article 1 (Definitions)

7.The term "successful bidder" means 7.5 billion won, as stated in the purchase price at the time of the submission of the tender submitted by the buyer at the time of the submission of the tender, that the buyer shall pay to the seller in return for

8. The term "successful bidder balance" means the amount obtained by subtracting a bid bond from the successful bidder's price.

10. The term "subject asset" means monetary claims listed in the subject asset list and any rights arising therefrom or relating thereto (including interest, interest, claims on overdue interests, stocks converted into investment and guarantee claims), and all rights related thereto (including but not limited to interest, interest, interest, and bonds converted into investment).

11. The term “detailed list of subject assets” means the detailed list of subject assets, and the final list of subject assets shall be attached to this Agreement and shall be attached to the buyer.

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