logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.05.29 2014나39925
대출금 이자지급채무 부존재확인의 소
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiffs are the parties 1) C Apartment-gu, Yongsan-gu, Yongsan-gu (hereinafter "the apartment of this case").

2) The new apartment building of this case is constructed and sold by the purchaser of this case. The new Dong-dong Construction Co., Ltd. (hereinafter referred to as the “Newdong Construction Co., Ltd”) entered into a contract for the new construction of the apartment building of this case with the Dogz and the new construction of the apartment.

3) Defendant Woori Bank Co., Ltd and Defendant Nonghyup Bank Co., Ltd. (hereinafter referred to as “Defendant Bank”).

The purpose of the claim is to conclude an agreement on the payment of part payments according to the unit sale of the apartment building of this case with Drgrts and Shin Dong-dong Construction, and to state the purport of the claim ① and ② to provide each part payment to each of the relevant plaintiffs under the classification of paragraph (2) (hereinafter for convenience, without specifically distinguishing each loan agreement between each of the above plaintiffs and the defendant bank.

B. B. The Plaintiffs concluded a sales contract between March 2008 and March 2010 to purchase each of the instant apartment units (hereinafter “each of the instant sales contracts”).

Among the sales contracts of this case, some of the contents related to this case are as follows.

Article 2 (Cancellation of Contracts) (3) "B (referring to the plaintiff)" of December 2010 (referring to the plaintiff) may cancel this contract if it is impossible to move into within three months from the scheduled date of occupancy due to the reasons attributable to the "A (referring to the Dratts)".

2) The Plaintiffs paid each down payment, etc. in accordance with each of the instant sales contracts, and the intermediate payment was each loaned from the Defendant bank (hereinafter “each of the instant loans”).

shall be received.

arrow