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(영문) 인천지방법원 2016.02.18 2013가단57350
정산금
Text

1. The Plaintiff, and Defendant B, Defendant C, D, and E, respectively, as to KRW 11,06,131 and each of the said money.

Reasons

1. Facts of recognition;

A. On October 12, 2009, the Plaintiff entered into a sales contract of KRW 523,000,000 for total sales price (hereinafter “instant sales contract”) with the networkF (hereinafter “the network”). On the same day, the Deceased paid the Plaintiff the down payment of KRW 26,150,000 on the same day.

B. At the time of entering into the instant sales contract, the Deceased received an intermediate payment from the National Bank of Korea (hereinafter “National Bank”) for the payment of intermediate payments pursuant to the instant sales contract with the Plaintiff, and the loans were directly received from the National Bank, and the interest accrued therefrom was agreed upon by the Plaintiff to pay the Plaintiff later.

(hereinafter “instant loan”). C.

On the other hand, the Plaintiff entered into a business agreement with the National Bank (hereinafter “instant business agreement”) in relation to the instant loan. ① In the event that the sales contract is cancelled after the execution of the intermediate payment loan to the apartment house seller, and the buyer loses the qualification for sale in lots or the qualification for occupancy, the seller shall lose the benefit of the loan (Article 6(1)2 of the Business Agreement), ② in the event that the buyer delays the refund despite the buyer’s claim for the refund of the loan to the buyer, the Plaintiff immediately cancelled the sales contract for the collection of the national bank’s claim, and immediately pays the down payment and the intermediate payment that the buyer has already paid to the national bank as the principal and interest of the buyer for the national bank (Article 7(1) of the Business Convention), ③ in the event that the national bank becomes unable to meet the above loans after such appropriation, the Plaintiff is jointly and severally liable with the seller.

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