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(영문) 서울중앙지방법원 2013.08.08 2012가합71485
계약금반환등
Text

1. Defendant F Co., Ltd.: KRW 131,562,00, KRW 65,781,000, and KRW 65,781,00 for each of the Plaintiff B and C, respectively, and KRW 104.

Reasons

1. Basic facts

A. On September 25, 2008, G purchased real estate listed in [Attachment 2 List 1] from the Defendant Korea Asset Trust in KRW 657,810,000 from the purchase price, and on September 30, 2008, transferred the Plaintiff’s status as the buyer under the above sale contract (hereinafter “first sale contract”).

(2) On September 25, 2008, Plaintiff A paid the down payment of KRW 131,562,00 to the Korea Asset Trust, which is difficult to do, H sold the real estate listed in the [Attachment 2] List 2 from the Korea Asset Trust to KRW 657,810,000, and transferred the status of the buyer under the said sales contract to I on October 14, 2008, and I transferred the status of the buyer to Plaintiff B and C on October 21, 2008.

(hereinafter “Second Parcelling-Out Contract”). Plaintiff B and C were difficult to pay the down payment of KRW 131,562,00 to the Korean Asset Trust.

3) On September 25, 2008, J sold the real estate listed in Section 3 of Attached Table 2 List 1,047,930,000 from the Korea Asset Trust to KRW 1,047,930,00, and on September 30, 2008, transferred the status of the buyer under the above parcelling-out contract to Plaintiff E and D (hereinafter “third-out contract”), and “the total sum of the third-out contracts” is “each of the instant parcelling-out contracts.”

2) The Plaintiff E and D paid 209,586,000 down payment to the Korea Assets Trust, which is difficult to do. (b) The Plaintiff Company A changed its trade name after the National Agricultural Cooperative Federation on October 18, 2009 to “Defendant Nonghyup Bank.”

The "Defendant Nonghyup Bank" is called "Defendant Nonghyup Bank, regardless of whether it was before or after the change of trade name."

(1) The interest rate of KRW 197,343,00 from 197 = the interest rate that serves as the basis for determining the interest rate on loans by any financial institution. Ordinary banks are to raise funds through time deposits, transferable deposits, bank bonds, etc., and, at this time, to determine the internal standard interest rate, taking into account the average cost of procurement.

Since then, it is time to consider the profitability of the store.

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