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1. Of the instant lawsuit, Defendant FF Cooperatives, G Associations, and H Associations subrogated to Defendant D Co., Ltd. and Defendant E.
Reasons
1. Basic facts
A. Defendant D Co., Ltd. (hereinafter “Defendant D”) is the executor of the business that newly constructs and sells L Hotels (hereinafter “instant hotel”) on the land of Jeju City I, J, and K, and Defendant E Co., Ltd. (hereinafter “Defendant E”) entered into a contract with Defendant D on the business agreement and agency business agreement with Defendant D (hereinafter “instant agency business agreement”). The Plaintiffs are the buyers of the instant hotel.
B. On November 26, 2014, Defendant D entered into the instant agency contract with Defendant E with the following content.
Article 22 (Method of Executing Funds) (3) Notwithstanding the provisions of paragraphs (1) through (2) of this Article and Article 23 (1) of this Act, with respect to the payment of taxes and public charges, substitute remuneration, interest on loans to the lender, and refund money to the buyer at the time of settlement of business, Defendant D, the contractor and the lender on the relevant date shall be withdrawn after prior notification of the funding execution plan to Defendant D, the lender and the lender on the relevant date.
Article 23 (Order of Execution of Funds) (1) Where there is any competition in the performance of funds pursuant to Article 22, the defendant E shall pay the funds according to the following order of priority:
1. Taxes and public charges (including withholding taxes and corporate tax), registration and litigation costs, financial expenses (such as loan interest, overdue interest, fees, etc.), refund of the parcelling-out price (excluding penalty when a buyer breaches a contract) where a contract is cancelled, part payments loan of the buyer is handled to the fund management account and the part payments loan of the buyer is deposited into the fund management account, the amount of intermediate payment loan subrogated, part payments loan interest, substitute service fee, trust remuneration,
C. 1) The Plaintiffs concluded a sales contract with Defendant D for the instant hotel (hereinafter “instant sales contract”) as follows.
the following table shall be entered into at each contract date in the account in the name of Defendant E.