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(영문) 서울중앙지방법원 2013.12.04 2013가합14557
대출금 이자지급채무 부존재확인의 소
Text

1. (1) The plaintiffs listed in attached Table 1, 12, 15, 17, 23, 24, 25, 30, 31, 35, 36, and 38 of the list of the plaintiffs are the defendant corporation.

Reasons

1. The plaintiffs' assertion

A. The plaintiffs are several buyers who purchased C Apartment-gu, Busan Metropolitan City (hereinafter "the apartment of this case") from Dlimz Co., Ltd. (hereinafter "Dlimz").

(hereinafter referred to as the "sale contract of this case")

Dlimz is an executor who newly constructed and sold the apartment of this case, and new East Asian Construction Co., Ltd. (hereinafter referred to as the "New Eastdong Construction Co., Ltd") entered into a contract for the new construction of the apartment of this case with Dlimz and the new construction of the Ampha.

C. ① The Plaintiffs indicated in attached Form 1, 12, 15, 17, 17, 23, 24, 25, 30, 31, 35, 36, and 38 of the list of the Plaintiffs, and (2) the Plaintiffs listed in attached Table 2, 3, 5 through 11, 13, 14, 16, 18 through 22, 26 through 29, 32, 33, 34, 37, and 40, and (3) the Plaintiffs listed in attached Table 1, 12, 15, 17, 23, 24, 25, 30, 30, 31, 35, 36, 36, and 38, from the Defendant Nonghyup Bank and the Korea Soil Cooperative.

(2) Each of the loans of this case is a loan of this case. For convenience, the loan agreement between each of the above plaintiffs and the defendants is not distinguished, and it is concluded between the plaintiffs and the defendants.

The Defendants concluded a business agreement with Dlimz and New East Construction that “In the event that Dlimz or New East Construction has to return the sales price already received from the Plaintiffs as the sales contract of this case was rescinded or terminated, the Defendants shall preferentially appropriate the loans to the Defendants through prior consultation with the Defendants.”

(hereinafter referred to as the "Business Agreement of this case").

The plaintiffs are expected to move from the scheduled date due to the reasons attributable to the Dratts.

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