logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.28 2015가합542773
매매대금반환
Text

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

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

Reasons

1. Basic facts

A. 1) I Co., Ltd. (hereinafter “I”)

A project to build multi-family housing (hereinafter “multi-family housing construction project”) on or around 2005 in JJ and 61 lots.

2) In around 2005, Samsung Mutual Savings Bank Co., Ltd. (hereinafter referred to as the “Seoul Mutual Savings Bank”) loaned funds necessary for the construction project of multi-family housing, such as land purchase price, to I.

As a result, Samwon Savings Bank concluded a credit transaction agreement with I on September 15, 2005, with the amount of 3 billion won per annum, 11% per annum, 25% per annum, and 3 billion won per annum on September 15, 2006. ② On October 31, 2005, the credit limit amount of 1.5 billion won per annum, 1.5 billion won per annum, 25% per annum, 1.3 billion won per annum on October 31, 2006, and 1.5 billion won per annum on September 25, 2006, the credit transaction agreement was concluded with the maximum interest rate of 1.3 billion won per annum on September 25, 2006, and the credit transaction agreement was concluded with the maximum interest rate of 2.1 billion won per annum on September 25, 2006, and 1.3 billion won per annum on September 19, 2007.

The expiration date of each of the above loans was thereafter extended.

(hereinafter referred to as “instant loan”) b. each of the above loans

1) For a multi-family housing construction project, I concluded a sales contract with the Defendants as follows (hereinafter “instant sales contract”).

(3) The Defendants paid each contract deposit and intermediate payment as indicated in the “contract deposit” column of the same Table to the Defendants (However, the Defendant A paid only down payment).

A) On September 12, 2005, the sum of the sales proceeds and the intermediate payments of the subject matter to be traded as of the date of concluding the Defendant’s contract (the KRW 1 A) (hereinafter “the purchase proceeds”).

arrow