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(영문) 울산지방법원 2016.10.19 2015가합3910
추심금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic facts: (a) On May 25, 2007, the two-interest Co., Ltd., Ltd. and Defendant B entered into a sales contract (hereinafter “the first sales contract of this case”) with the said Defendant to pay KRW 35 million on the date of the contract, intermediate payment of KRW 179 million on July 30, 2007, and the remainder of KRW 135 million on September 30, 2007 (hereinafter “the first sales contract of this case”); (b) the two-interest and the remainder of the two-interest and the remainder of the payment of KRW 163 square meters from the said Defendant; and (c) the two-interest and the remainder of the payment of the down payment and the intermediate payment pursuant to the said sales contract were not paid.

(2) On May 1, 2007, Defendant C, and D concluded a sales contract with the Defendants on May 11, 2007 (hereinafter “instant sales contract”) with the content that: (a) B/L purchase amount of KRW 34,60,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00,00.

In addition, the purport of Eul evidence No. 1 and the whole argument is as follows. The plaintiff is based on the executory copy of the protocol of mediation with the Ulsan District Court 2012 Ma766, Ulsan District Court 201 Ma766, Nov. 11, 2014. ① Of two interest rates due to the cancellation of the first sale contract of this case, the claim for the return of the down payment and the intermediate payment to the defendant B within two beneficiaries due to the cancellation of the second sale contract of this case, ② Of the claim for the down payment and the intermediate payment to the defendant C and D, the Seoul Western District Court 2014Ma15497, respectively, and the collection order of this case (hereinafter referred to as "the seizure and collection order of this case").

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