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(영문) 서울동부지방법원 2018.01.11 2016가합109947
손해배상(기)
Text

1. The Defendants jointly share KRW 408,196,79 with respect to the Plaintiff, and the period from May 20, 2016 to January 11, 2018.

Reasons

Basic Facts

On August 22, 2012, the Plaintiff: (a) sold to D Co., Ltd. (hereinafter “Nonindicted Company”); (b) four parcels of land (hereinafter “instant land”) including the amount of KRW 8,466,00,000,000; and (c) concluded a sales contract for the remainder of KRW 7,460,000,000,000,000 for the same day, and the remainder of KRW 7,460,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,

On February 25, 2013, the non-party company did not pay the remainder to the Plaintiff. Accordingly, on June 3, 2013, the Plaintiff notified the Defendant that the contract of this case was cancelled on the ground of the non-performance of the obligation to pay the remainder.

F and G, the creditor of the non-party company, filed an application for provisional attachment of KRW 728,467,737 on the instant land owned by the plaintiff. On December 4, 2014, the Suwon District Court 2014Kadan202075 rendered a provisional attachment order. Based on this, the provisional attachment registration was completed as of December 4, 2014 by the Suwon District Court Magwon District Court Mag-si Office 198425 on December 4, 2014.

H, F, and G asserted that the Plaintiff was fully entitled to the claim for the return of the down payment of the contract of this case against the Plaintiff by the Seoul Central District Court 2014Gahap581085, and filed a lawsuit seeking the payment of the down payment of the contract of this case against the Plaintiff on August 25, 2015, the judgment that “the Plaintiff shall pay the Plaintiff KRW 46,165,038, F to H, KRW 339,322,082, and KRW 294,840,879, and delay damages to G” (Evidence 8; hereinafter “the entire payment judgment of this case”).

On May 20, 2016, the Plaintiff deposited the entire amount of the claim for provisional seizure with the deposit officer of Suwon District Court in gold No. 4042 to revoke the execution of provisional seizure as stated in the above paragraph (c).

[Ground of recognition] The plaintiff's assertion of facts without dispute, Gap's evidence 3, Gap's evidence 5 through Gap's evidence 9 (including each number, if any, hereinafter the same shall apply) and the purport of the whole pleadings.

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