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(영문) 서울중앙지방법원 2013.10.31 2013가합9913
매매대금반환 등
Text

1. The Defendants: (a) each of the Plaintiff B was paid KRW 200,000,000 to the Plaintiff, and (b) the Defendant Manesco Co., Ltd. was paid from March 9, 2013.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence 1 to 6 (including each number):

On April 26, 2011, Defendant C recommended the Plaintiffs, who are married couple, to purchase the land for the factory of Pyeongtaek-si D (hereinafter “instant land”) owned by Defendant Yeneco Co., Ltd. (hereinafter “Defendant Co., Ltd”).

B. Plaintiff B decided to hear the horses of Defendant C and purchase the instant land with other investors, and transferred KRW 5,00,000,000 to the account in the name of the Defendant Company on May 23, 2011, and KRW 195,00,00,000 on May 25, 201, respectively.

(hereinafter the Plaintiff B entered into a sales contract with the Defendant at that time (hereinafter “instant sales contract”).

On June 201, 201, the Plaintiffs demanded Defendant C to make a sales contract on the instant land. Defendant C was unable to prepare a sales contract due to any land transaction permission problem, and the Plaintiff B prepared and issued a certificate of confirmation and a certificate of stock custody under the name of the Defendant Company.

On April 6, 2012, Defendant C set up and issued to Plaintiff B a written promise that the president of the Defendant Company C is responsible for and guaranteed the return of principal when the Plaintiff was unable to receive the principal amount of KRW 200,000,000, which was remitted to the Defendant Company B to the Defendant Company.

(2) On April 6, 2012, the Defendants asserted by the Plaintiffs agreed on the refund of the purchase price at least upon the rescission of the instant sales contract with the Plaintiffs on April 6, 2012 (the primary debtor, Defendant C’s surety) (the principal debtor, Defendant C’s surety), and the instant sales contract was nonperformance due to nonperformance or delay. The Defendants, as the primary debtor and the surety, are liable to refund the purchase price of KRW 200,000,000 and delay damages to each of the Plaintiffs.

The above causes of action are as follows.

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