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(영문) 서울중앙지방법원 2016.04.21 2015가단5323468
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The process of promoting the new apartment sales business 1) Dratts Co., Ltd. (hereinafter “Dratts”)

2) The apartment complex D (hereinafter referred to as the “instant apartment”) located in Yongsan-gu, Yongsan-gu, Seoyang-gu.

) A new executor who newly built and sold them in lots, and Newdong Construction Co., Ltd. (hereinafter referred to as “Newdong Construction”).

(2) In the course of the implementation of the instant apartment construction project, Dlimz and the New Apartment Construction Co., Ltd. (hereinafter “Defendant, etc.”) entered into a business agreement with the Defendant, Nonghyup Co., Ltd., and the Korea Bank (hereinafter “Defendant, etc.”), regarding the business of lending intermediate payments to the buyers of the instant apartment, the Defendant, etc. (hereinafter “the instant business agreement”), and the contents relating to the instant case are as follows.

Article 4 (Cooperation in Recovery of Claims from New Libynz and New Libyz) (1) If a prospective resident claims a reimbursement of a loan to a prospective resident in the part payment loan of a prospective resident due to a cause corresponding to loss of profits under the basic terms and conditions of bank credit transaction, but the defendant claims a reimbursement of the loan to the prospective resident, the new East Asia Construction and Dratz cancel the contract for the sale of the prospective resident to collect the debt and the part payment already paid by the prospective resident, and appropriate the principal and interest (including damages for delay and incidental debt) of the defendant against the prospective resident within three months from the contract for the sale of the loan to the prospective resident.

B. On August 21, 2009, Plaintiff A entered into a sales contract with Dlimz on August 21, 2009 and the instant apartment, and Plaintiff B entered into a sales contract with dlimz on September 7, 2009 and 603 of the instant apartment, respectively (hereinafter “each of the instant sales contracts”).

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