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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Plaintiffs entered into the instant sales contract with AU, Non-Party AV (hereinafter “AV”) over the period from June 10, 2014 to November 9, 2015, concluded a sales contract for each unit listed in the “number of units” column of attached Table 2 (hereinafter “AX”) among urban-type residential housing built and sold by the said companies under the name of “AX” from Pyeongtaek-si AW, and buildings with 168 households and 7 households of officetels (hereinafter “AX”), and completed the registration of ownership transfer for each unit at that time.
B. At the time of the instant sales contract, AU guarantees the payment of fixed profits that ensure the respective rent revenues as stated in the “monthly Guarantee Amount” column of attached Table 2 for two years if it is entrusted to the Plaintiffs after selling them to them at the time of the instant sales contract (hereinafter referred to as the “instant guarantee”).
2) However, AU prepared and delivered only each of the relevant amounts indicated in the column of “existing Payment” as indicated in the attached Table 2 (in the case of Plaintiff M, N, R, S, K,N, and AP, “recognised Payment”) among the final and conclusive profits stated in the instant guarantee letter.
3) Accordingly, the plaintiffs filed a lawsuit against the AU et al. against the AU et al. seeking the payment of confirmed earnings under the Suwon District Court Pyeongtaek 2016Gahap9744, and on June 7, 2017, the above court rendered a judgment to the effect that "AU" in the attached Table 2 "AU" (in the case of plaintiffs M, N, R, S, AK,N, and AP, the amount unpaid)" is to pay each of the relevant money and its delay damages, and each of the relevant money as stated in the "final revenue" column in the attached Table 2 from August 22, 2016 to the end of each month until the corresponding period indicated in the "scheduled Payment Date of Final Revenue" column in the attached Table 2. The above judgment was finalized as of July 1, 2017.
2 AU on April 17, 2015, the due date for repayment from the Defendant shall be November 2015.