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(영문) 서울남부지방법원 2016.01.29 2015가합100588
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant C will undertake the business of newly building and selling electric housing by investing funds with friendship D with the purchaser. Defendant C with Defendant B (hereinafter “Defendant B”) as the purchaser on August 24, 2011, purchased the remainder of KRW 3.64,148 square meters of land owned by E, 2,80.83/4,228 square meters of 1,228 square meters of 2,880.83/4,228 square meters of 1,228 square meters of 1,200,000,000 won of 2,26,000,000 won of 1,50,000 won of 2,000,000 won of 1,50,000 won of 2,00,000 won of 2,00,000 won of 3,64,140,000 won of 3,000,00 won of 1,181.

(hereinafter “instant sales contract”). B.

Defendant C and D paid the down payment of KRW 100 million on the date of conclusion of the contract to G, etc. according to the instant sales contract, and KRW 360 million on August 31, 201, in total, KRW 360 million on August 31, 201, and Defendant C and D did not pay the intermediate payment and remainder as G, etc. did not obtain permission to divert the mountainous district of each of the instant land.

C. Meanwhile, D, separate from the above business, continued to operate K business through a legal entity it operated from around 2011 to around 2013, and D borrowed approximately KRW 787 million in total from the Plaintiff, a father, from around 2012 to June 2013.

In order to secure D’s obligation for the above loan to the Plaintiff, Defendant C and D entered into an agreement with the Plaintiff on July 9, 2013 with the contracting party as the purchaser under the instant sales contract, and jointly and severally guaranteed Defendant B’s obligation under the instant succession agreement.

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