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(영문) 서울중앙지방법원 2016.10.21 2015가단5309707
채무부존재확인
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Plaintiffs are the parties to the instant apartment complex D in Yongsan-gu, Busan Metropolitan City (hereinafter “instant apartment complex”).

Of the attached list “Dong” and “Shoe” are several buyers who purchased each of the corresponding households as indicated in the attached list. 2) Dlimz Co., Ltd. (hereinafter “Dlimz”) is a contractor who newly constructed and sold the apartment of this case, and new Dongdong Construction Co., Ltd. (hereinafter “Shodong Construction”) is a contractor who entered into a contract for new construction of the apartment of this case with Dlimz and the new construction of the apartment of this case.

3) The Defendants entered into an agreement with the Plaintiff A and B on the payment of intermediate payment following the sale of the apartment of the instant apartment, and the Defendant Nonghyup Bank entered into an agreement with the Plaintiff A and B on the payment of intermediate payment, and the Defendant Woori Bank entered into an agreement without specifically distinguishing each of the above Plaintiffs and the Defendants from each of the loan agreements entered into between each of the above Plaintiffs and the Defendants for convenience.

B. B. The Plaintiffs concluded a sales contract with Dratz on the date of each sales contract listed in the separate sheet and each of the relevant households listed in the separate sheet (hereinafter “each of the instant sales contracts”).

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

(C) The Defendants, upon receipt of the instant agreement, deposited the loans requested by the Plaintiffs into the deposit account designated by the Newdong Construction and Newdong Construction. (c) The Defendants, who entered into the instant agreement, were to enter into a business agreement with respect to the payment of loans and loans in accordance with the purchase of the instant apartment units (hereinafter “instant business agreement”).

The service agreement was concluded, and the service agreement was made by dratts and New East Asia with an intermediate payment.

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