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(영문) 서울중앙지방법원 2018.03.29 2016가합558843
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of real estate execution, real estate development, etc., and the Defendant is a company established for the purpose of operating installment financing, credit loan, or secured loan, etc.

B. (1) On December 8, 2015, the Plaintiff and the Defendant, and the Plaintiff, from the Defendant, have assets subject to the entry of the list of assets in [Attachment] as indicated in the list of assets (hereinafter “subject assets of this case”).

) A sales contract for assets was concluded with the following terms to purchase KRW 7.5 billion (hereinafter “instant sales contract”), and a contract written accordingly is “the instant sales contract”.

A) The seller of assets: The seller of the assets: The defendant, in accordance with the terms and conditions of this contract, sells the assets to the plaintiff (as defined in Article 1).

The Plaintiff wishes to sell, and the Plaintiff’s purchase from the Defendant (hereinafter “this transaction”).

(i) Article 1;

7.The term "successful bidder" means 7.5 billion won, as stated in the purchase price at the time of the submission of the tender submitted by the buyer at the time of the submission of the tender, that the buyer shall pay to the seller in return for

8. The term "successful bidder balance" means the amount obtained by subtracting a bid bond from the successful bidder's price.

10. The term "subject asset" means monetary claims listed in the subject asset list and any rights arising therefrom or relating thereto (including interest, interest, claims on overdue interests, stocks converted into investment and guarantee claims), and all rights related thereto (including but not limited to interest, interest, interest, and bonds converted into investment).

11.The term “detailed list of subject assets” means the detailed list of subject assets, and the final list of subject assets shall be attached to this Agreement and delivered to the buyer.

14. The term "sale property" means the property in which the seller sells to the buyer in accordance with this contract, and its related thereto;

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