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(영문) 수원지방법원안양지원 2012.01.19 2010가합5545
손해배상(기)
Text

1. As to the plaintiffs' 290,000,000 won and 125,000,000 won among them, Defendant C shall start from August 17, 2006, and 165,00.

Reasons

1. Basic facts

A. Defendant C was a person who actually operated the F Condominium Building Nos. 103, 203, and 204 G shopping district (hereinafter “G shopping district”). Defendant D and Defendant E, who is the wife of the above Defendant, was a one-half owner of each of the above shopping districts.

B. Around June 13, 2006, the Plaintiffs purchased the H real estate in KRW 1.5 billion from the J and G commercial building for Defendant C with the introduction of I operating H real estate. Of these, 1.2 billion won, the Plaintiffs acquired the debt of collateral security loan (hereinafter “instant collateral security loan”) equivalent to the aggregate amount of KRW 1.2 billion established in Defendant D’s name with respect to the said commercial building, and entered into a real estate exchange agreement in lieu of the following: (a) the remaining KRW 300 million in cash and the transfer of the business license (including the credit for the refund of the lease deposit) in the Seo-gu Incheon Metropolitan City KK located by Plaintiff B; and (b) on the same day, the Plaintiff paid KRW 30 million as the down payment at the head of Tong designated by J as the down payment.

Meanwhile, Article 4.4. of the above exchange contract states that “Defendant C is responsible for and succeeded to bank loans and individual bonds with respect to G commercial buildings.”

C. After the above exchange contract on June 13, 2006, H real estate through H real estate on July 27, 2006, an exchange contract with the purport that the value of the above harbor land shall be assessed as KRW 165 million and the value of the forest land in the above harbor land shall be assessed as KRW 15 million in addition to M, and the exchange contract with the above harbor land and G commercial building shall be exchanged with the purport that the difference shall be paid KRW 135 million and KRW 135 million shall be paid to M, and the exchange contract with the purport that the above harbor land and G commercial building shall be taken over the instant collateral security obligation on G commercial building (hereinafter in the preceding paragraph referred to as “each exchange contract of this case” as well as each exchange contract on June 13, 2006 and July 27, 2006 and each exchange contract on July 27, 2006) shall be concluded and each of the above paragraph shall be acquired as G commercial building.

Accordingly, Defendant C on July 27, 2006.

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