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(영문) 인천지방법원 2019.11.21 2018가단234701
계약금반환 청구 등
Text

1. Defendant E: (a) KRW 38,700,000 to Plaintiff A; (b) KRW 27,200,000 to Plaintiff B; and (c) each of them from March 12, 2016 to September 12, 2018.

Reasons

1. The part of the plaintiffs' claims against defendant E

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Claim against Defendant E: Judgment made by deemed confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act);

C. Partial dismissal: The provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Promotion Act”) was promulgated on May 21, 2019 and enforced from June 1, 2019. Since the statutory interest rate under the Promotion Act was 12% per annum from June 1, 2019, the claim portion in excess is dismissed.

2. The part of the plaintiffs' claims against Defendant C and D

A. On March 4, 2016, Defendant C and Defendant D constitute “instant officetel” (hereinafter referred to as “instant officetel”).

(2) On March 1, 2016, Defendant D entered into a sales agency agreement with G as to the instant officetel. The sales agency agreement was concluded on March 1, 2016.

3) On March 12, 2016, Plaintiff A entered into a sales contract with each of the instant instant officetels H and I with each of the instant instant officetels price of KRW 122,00,000,000,000 for the sales price, and the sales contract with each of the sale price of KRW 12,200,000 for J as to the same day (i.e., KRW 10,670,000 for each of the down payment (i., KRW 122,200,000 for KRW 12.22,22,30,000 for each of the above sales contracts) with the seller and the trustee of each of the above sales contracts (i.e., KRW 4,000 for the instant officetel L at the above agency on March 19, 2016, Plaintiff B concluded the sales contract with each of the above KRW 12,20,000 for the sales price of KRW 12,200,000.

5 The plaintiffs raised objection.

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