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(영문) 서울중앙지방법원 2017.12.20 2017가합515867
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 8, 2006, the Plaintiff entered into a contract for the instant sales contract and for the other canal wells business with Defendant D, with the content that the Plaintiff sold a total of KRW 15,057 square meters of 13 square meters of f. f. 659 square meters in Seongbuk-si, Sungnam-si (hereinafter “each of the instant lands”) to Defendant D for KRW 23 billion, and received KRW 18 billion out of the said price 23 billion.

On June 11, 2007, Defendant D established Defendant E Co., Ltd. (hereinafter “E”) in order to facilitate the business of newly constructing and selling other canal wells (hereinafter “other canal wells business”).

On April 11, 2008 under the joint and several guarantee of Defendant D, Defendant E awarded a contract to Defendant C Co., Ltd. (hereinafter “C”) for the construction of the “G canal sal sal sal sal sal sal sal sal sal s 27 households on each of the instant land (hereinafter “instant construction”) with Defendant D’s 25,781,310,000 won (excluding value-added tax).

(hereinafter “instant contract”). The main contents of the instant contract are as follows.

3. Period of construction: 18 months after the commencement of construction works.

5. Payment of advanced funds: Cash payment every two months.

6. Interest rate for delay in payment of the price: 12%/year.

8. Rate of liquidated damages: 1/1,000 of the contract amount.

B. On May 13, 2008, the instant business agreement and the instant trust agreement were concluded between the truster and the owner of the project site (the Defendant D concurrently held the position of joint and several sureties), the borrower and the joint implementer of the business site; the Defendant C concurrently held the contractor and the assignee of the debt; the joint and several sureties; the Fund Manager; the J Co., Ltd.; the lender and the Defendant B Co., Ltd. (hereinafter “B”) concluded the instant business agreement without distinguishing the amendment of the instant business agreement from the trust company, as the trust company’s position (hereinafter “instant business agreement”).

The Plaintiff and the Defendants each of the instant cases on May 14, 2008 following the conclusion of the instant business agreement.

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