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(영문) 대구지방법원 2019.07.18 2018가단116887
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) is a truster (seller) who was entrusted with the sale of Daegu apartment (hereinafter “instant apartment”) from Defendant B Co., Ltd. (hereinafter “Defendant B”), the truster, and the Plaintiffs are the parties who acquired the ownership by either having sold the instant apartment or having bought the right to sell it.

B. 1) The proposal for the invitation of occupants of the instant apartment is stipulated as follows with respect to the “contractor’s loan guidance.” All kinds of expenses, such as guarantee fees, stamp, etc. necessary for the loan of intermediate payments shall be borne by the contractor, and in the event that the loan is not due to the personal circumstances of the contractor, such as a financial bad credit trader, or the loan limit is insufficient, the contractor shall pay the intermediate payment directly (in this regard, the remainder payment shall not be separately notified and the unpaid late payment shall be added) in cash in accordance with the terms and conditions of the payment for the purchase price, and the contract rescission cannot be asserted due to the reasons for the non-payment of the loan. 2) Of the terms and conditions of the instant apartment supply contract

Article 6 (Payment of, and Interest on, D) “A” (sellers, Defendant 1) or “A” (trustees, Defendant 2) shall refer only to cases where “B” (Buyers and Plaintiffs) applies for a loan for the payment of the amount of public funds under Article 1, as follows:

(1) An application for a loan by contract household shall be made through a financial institution designated by "A" on the date on which "A" is notified, and "B" shall bear the documents and all expenses necessary for the application for a loan.

In addition, where the loan is not implemented due to the reasons attributable to the "B", such as the failure to file an application for the loan or the bad credit standing of an individual, the "B" shall be the direct intermediate payment on the date of the relevant intermediate payment, and the overdue rate of Article 5(3) shall be the overdue rate.

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