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(영문) 서울중앙지방법원 2017.11.22 2016가합500882
약정금
Text

1. The Defendant (Appointeds) KRW 62,824,585, KRW 112,987,365, and KRW 68,517,62 to the appointed parties D.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff and the designated parties (hereinafter “Plaintiff, etc.”)

2) The apartment of this case (hereinafter referred to as “the apartment of this case”) shall be the apartment of this case.

(2) The Defendant, including the Plaintiff, etc., purchased the apartment in this case from the East Construction Industry. (2) The apartment in this case, including the Plaintiff, etc., filed against the purchaser of the apartment in this case for the return of the sale price against the East Construction Industry, etc. (Mains), 2010 Gohap 121416 (Joints), 201 Gohap 1207 (Joints), 201 Gohap 47997 (Joints), 201 Gohap 70744 (Joints), 2012 Gohap 50389 (Counterclaim), 201 Gohap50396 (Counterclaim), 201 Gohap 50419 (Counterclaim), 2012 Gohap Gohap 50419 (Counterclaim), 2012 Gohap 50412 Gohap 204, 205042, 20425304 (Counterclaim) (hereinafter referred to as the “Plaintiff’s counterclaim”).

B. Each of the instant sales contracts and intermediate payment loans 1) The Gyeyang Construction Industry concluded each of the instant apartment contracts with the Plaintiff, etc. as listed below (hereinafter “each of the instant sales contracts”) with respect to the instant apartment contracts (hereinafter “each of the instant sales contracts”).

(2) The Plaintiff, etc. received a loan from each lending financial institution for intermediate payment (hereinafter “each intermediate payment”) on December 28, 2007 (hereinafter “each intermediate payment”) and paid the loan to Dongyang Construction Industry as an intermediate payment for each of the instant sales contracts, from May 119, 2008, May 119, 2008, No. 1201, No. 599,500,000, May 119, 2008, and No. 1703, Mar. 116, 2008, No. 1703,500,000, etc.

The 299,750,00 New Bank Co., Ltd. 29,750,000 of the Plaintiff New Bank Co., Ltd. 299,750,000 New Bank D New Bank D 299,750,950,000 of the total amount of loans extended by the Plaintiff New Bank 299,750,000, the 3 East Construction Industry is a joint and several surety for the above part payment loan obligations of the Plaintiff, etc., and each of the sales contracts in this case is cancelled and cancelled.

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