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(영문) 서울동부지방법원 2014.08.14 2014가합1414
매매대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The Plaintiff and Nonparty D are creditors of Nonparty E Co., Ltd. (hereinafter “E”), Defendant B is the representative director of Nonparty F Co., Ltd. (hereinafter “F”), and Defendant F and Defendant C purchased the right to sell the G site in Sungnam-si, Sungnam-si (hereinafter “instant project site”).

On November 27, 2009, Defendant C issued to the Plaintiff a promissory note with the face value of KRW 300 million and the due date of December 15, 2009, and on the same day a notary public prepared and issued to the Plaintiff a notarial deed concerning the said Promissory Notes (hereinafter “instant notarial deed”) with No. 683, 2009.

On December 11, 2009, the Plaintiff drafted a contract for acquisition of the bonds between F and Defendant B (hereinafter “instant contract for acquisition of the first bonds”) with the following content:

(Defendant C did not sign and affix a seal to the instant contract for acquisition of the instant claim). The Plaintiff (hereinafter referred to as “A”) and joint assignee F, Defendant B, and C (hereinafter referred to as “B”) have agreed on the acquisition of the indicated bonds as follows, and one copy after drawing up the contract shall be kept after signing the contract:

The "A" and "A" agree that among the total claims currently held in E due to guaranteed liabilities, etc. in relation to the debtor's rights as land purchaser of the project site of this case in this case, the reduced amount of 60 million won and the subsequent rights, Article 1 (Transfer Price) transferor "A" and "B" agree to acquire the above indicated claims in the amount of 600 million won per day.

Article 2(1) The balance of KRW 300 million per day (payment 2 December 15, 2009): The payment of KRW 300 million per day shall be made on December 31, 2009.

On the other hand, “B” provides “A” with a notarized bill No. 683 of November 27, 2009 for the guarantee of the payment of any balance.

Article 6(Joint Payment Guarantee of “B”) 1 transferee “B”.

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