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(영문) 인천지방법원 2015.04.16 2014가합402
약정금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. A. Around 1999, a company for the construction of a continental industrial construction company for business funds borrowed from the continental industrial construction company (hereinafter referred to as “alternative industrial construction”) runs the business of constructing seven multi-households (hereinafter “instant multi-households”) on land, such as Goyang-gu, Seoyang-gu, Seoyang-gu, and Seoyang-gu. Around 1999, a spouse borrowed approximately KRW 600,000 from the Defendants, who are married land, and additionally borrowed KRW 200,000 after the payment for the bankruptcy as follows.

The Defendants, on February 10, 200, transferred part of the ownership of the above E, F, and G land for the purpose of securing the above loan claims against the continental industry construction. Of the instant multi-household housing, the Defendants received each construction permit under the name of Defendant C in relation to 3, 4, and 6, and Defendant B in relation to 6, respectively.

B. The Plaintiff, which constitutes a default on the payment of continental industrial construction and the bond group, supplied steel to the new construction site of continental industrial construction at the instant multi-household housing construction site, but the continental industrial construction did not receive steel supply around November 20, 200.

Some creditors of the continental industry construction related to the construction site of the instant multi-household housing including the Plaintiff have discussed that they would form a bond group for the collection of claims in early 2002. On April 17, 2002, the continental industry construction delegated the Plaintiff’s representative director H with all the disposal authority concerning the completion of construction of the instant multi-household housing and loans for each household, collection of outstanding amounts, debt settlement, and the completion of the remaining construction.

C. On September 24, 2002, around September 24, 2002, the Plaintiff, the Defendants, and the continental industry construction drafted the following agreements (hereinafter “instant agreement”) with the aim of arranging claims and obligations regarding multi-household housing in the instant case.

In the instant agreement, the Defendants are owners of 3, 4, and 6 multi-household houses in the instant case, and the continental industry construction is to implement and perform the entire multi-household houses in the instant case, and Plaintiff (B).

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