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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. On January 16, 2004, the Plaintiffs: (a) submitted to Hyundai Construction Co., Ltd. (hereinafter referred to as “F”); and (b) entered into a contract with Hyundai Construction Co., Ltd. to purchase KRW 2,400,000,000 (hereinafter referred to as “instant sales contract”) on the first floor 55 stores (hereinafter referred to as “instant real estate”). On February 2, 2004, the Plaintiffs agreed to purchase the instant real estate in total with Hyundai Construction Co., Ltd. (hereinafter referred to as “instant sales contract”).
B. He received at the request of Plaintiff B, instead of the Plaintiffs, deposited KRW 240,000,000 in the aggregate of KRW 150,000,000 on January 15, 2004, and KRW 90,000,000 on February 2, 2004, into the bank account of Hyundai Construction.
C. On March 31, 2004, Plaintiff A received from Defendant C Co., Ltd. (hereinafter “C”) a promissory note No. 240,000,000 won at face value and on April 30, 2004, and on March 31, 2004, a promissory note No. 5, the issue date of which was March 31, 2004 (hereinafter “the Promissory note No. 5”) from Defendant C’s representative director. At the same date, Plaintiff A was prepared and delivered a cash custody certificate (Evidence No. 6; hereinafter “the instant cash custody certificate”).
- Japan - Japan: 240,000,00 Won 240,00 G 55EA store down payment is changed to modern construction, and therefore I will pay the above amount by April 30, 2004. I will be liable for civil and criminal liability in the future.
On April 1, 2004, the following day from the date when the said promissory note and cash storage certificate were issued, Plaintiff A, the representative of the Dong company, “F,” made an agreement to change the name of the purchaser of the instant real estate from “F to Defendant C” to “F” (hereinafter “instant agreement to transfer the purchaser status”), and “F” transfers KRW 240,000,000 paid as the down payment of the instant sales contract to Defendant C.