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(영문) 서울중앙지방법원 2017.11.08 2017가합500049
양수금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

C Co., Ltd. (formerly, the trade name was changed to D Co., Ltd., and the trade name was changed on June 12, 2007; hereinafter “Nonindicted Co., Ltd.”) concluded a sales contract with the Defendants on September 27, 2005 to carry out the business of constructing a primary complex building on the land of Daejeon Seo-gu E (Seoul) from around 2005 to promote the business of constructing a primary complex building (hereinafter “instant business”).

The non-party company entered into a sales contract with Defendant A to pay the remainder KRW 1,320,00,000 on March 30, 2006 (hereinafter “the first sales contract of this case”) with the non-party company’s purchase of KRW 1,400,000,000 of 1,40,000 square meters of 439.4 square meters and its ground reinforced concrete and the buildings of amusement facilities and neighborhood living facilities with six mentmenbed roof, and the down payment of KRW 80,00,000,000 from the above Defendant.

The non-party company entered into a sales contract with Defendant B to pay the remainder of KRW 3,040,000 on March 30, 2006 (hereinafter referred to as “the second sales contract of this case”) with the non-party company’s purchase of KRW 3,200,000,000 of the non-party company’s KRW 7,200,000,000 of accommodation facilities, detached houses, amusement facilities, and warehouses building 2,090,000,000,000,000 from the above Defendant’s above Defendant’s (hereinafter referred to as “the non-party’s second sales contract of this case,” and each of the sales contracts of this case was combined with the first and second sales contracts of this case.

Article 8 of the sales contract of this case is "A" (each defendant, hereinafter the same shall apply).

If this contract is terminated due to a cause attributable to it, “A” shall be “B” (foreign company; hereinafter the same shall apply).

) The Corporation shall compensate for all damages due to the suspension of its business, and the contract deposit that was already paid shall be null and void and the contract deposit that was paid shall belong to A.

The non-party company shall be the defendant A, and the non-party A shall be KRW 80,00,000 on September 27, 2005, KRW 30,000 on March 22, 2006, KRW 00,000 on March 22, 2006, and KRW 100,00 on July 10, 200.

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