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(영문) 서울서부지방법원 2017.06.01 2016가합31329
손해배상(기) 등
Text

1. The Plaintiff:

A. Defendant B Co., Ltd. is from 178,03,918 won and 160,847,480 won among them.

Reasons

1. Facts of recognition;

A. Defendant Company is the executor of the remodeling project of Mapo-gu Seoul Metropolitan Government F and G ground H apartment (hereinafter “instant apartment”), and Defendant C is the representative director of Defendant Company.

B. On April 24, 2007, the Plaintiff concluded a sales contract with the Defendant Company to sell the instant apartment Nos. 707 (No. 615 and 616, hereinafter collectively referred to as the “instant apartment No. 707”) at 461,016,800 won (hereinafter referred to as the “instant sales contract”), and the intermediate payment was paid from the Defendant Company’s Bank of SB Savings (hereinafter referred to as the “SB Savings Bank”), and the Defendant Company agreed that the loan should be borne by the Defendant Company.

On the other hand, the instant sales contract provides that only one national bank account (581201-01-254977) of Daol Trust Co., Ltd. (former Real Estate Trust Co., Ltd.; hereinafter “Iol Trust”) shall deposit the sales price into the trust company.

C. The Plaintiff deposited down payment of KRW 69,152,520 among the sale price, into a single loan account. around May 31, 2007, the Plaintiff borrowed KRW 230,000 from the SBI Savings Bank as an intermediate payment. Of these, KRW 17,186,438 was deducted from the advance interest, etc. and KRW 212,813,562 was deposited into a single trust account.

On May 13, 2008, the Plaintiff directly paid 160,847,480 won to the Defendant Company out of the remainder of the sales price pursuant to the instant sales contract. The Defendant Company prepared a deposit certificate with the following terms and conditions to the Plaintiff, and Defendant D did not sign it on the deposit certificate as a joint guarantor.

The daily payment certificate: the payment of the above 160,847,480 shall be paid in the balance of H apartment No. 707 and the payment of the balance shall not be hindered due to the outstanding payment in the trust.

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