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(영문) 부산지방법원 2013.11.21 2013가합7007
손해배상(기)
Text

1. The Defendant: 150,316,818 won to the Plaintiffs and 5% per annum from September 1, 2013 to November 21, 2013; and

Reasons

1. The following facts can be found in full view of the statements in Gap evidence Nos. 1 to 3 (including each number in the case of additional numbers) and the purport of the entire pleadings as to witness D's testimony.

On November 27, 2001, the Plaintiffs, owned by the Defendant, set the construction cost of KRW 802,600,000 for the 16-household construction project on the land of 598 square meters in Suwon-gu, Busan (hereinafter “the completed building”) owned by the Plaintiffs, as the contract price of KRW 802,60,00,000 for the sale of the loan, and delegated the sale of the loan to the Defendant.

B. The Defendant commenced the construction on January 2002 and completed the instant lending on or around November 2002, and sold in lots 11 of the above lending units as shown in the attached list.

C. The plaintiffs are the contract price for the construction work under the above contract for the construction work, which is the defendant's KRW 30,000,000 on December 15, 2001, and KRW 50,000 on March 7, 2002, and the same year.

8.20,000,000 won, and the same year.

3. 25,00,000 won, 17. 5,000,000 won per month, and the same year.

5. 25,00,000 won, and the same year.

5. 31.30,000,000 won, and the same year.

7. 11.10,00,000 won and the total of 1,080,000 won on August 1, 198 of the same year were paid 196,080,000 won.

In addition, on December 31, 2002, the Plaintiffs borrowed KRW 800,000,000 from the Nonghyup-dong Branch of the Agricultural Cooperative on December 31, 2002, and paid KRW 500,000,000 among them to the Defendant as part of the above construction cost.

E. The Defendant sold 11 households, including 101, 301, 302, 101, 102, 201, 202, 301, 302, 302, 401, 402, and 402, and received 1,032,30,000 won in total as the price.

(A) The sales price of 4 households, including 101, 201, 202, 302, and 402, cannot be confirmed. However, in consideration of the sales price, timing, location, etc. of the other households, each of the above sales price of 95,00,000 won shall be presumed to be equivalent to 95,00,000 won. The Defendant paid interest on 800,000,000 out of the above sales price as part of the above sales price, until the sales price of each household as indicated in the attached list. The Defendant paid the interest on 140,463,182 won in total, and the amount paid by the Defendant to the Plaintiffs.

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