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(영문) 서울중앙지방법원 2018.12.21 2018가합528662
계약금 반환
Text

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

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

Reasons

1. Basic facts

A. On November 23, 2017, the Defendants entered into a contract on the acquisition of the instant loan claims between the Plaintiff and the Defendants, and on November 24, 2017, concluded a contract to transfer the loan claims against Nonparty H Co., Ltd. (hereinafter “Nonindicted Company”) to the Plaintiff (hereinafter “instant loan claims”), and the main contents thereof are as shown in the separate sheet.

B. As stipulated in Article 4(1) of the instant contract, the Plaintiff paid Defendant B KRW 20 million on November 23, 2017, KRW 2220,000,000 to Defendant D Co., Ltd. on November 24, 2017, KRW 110,000 to Defendant E Co., Ltd., KRW 110,000,000 to Defendant C Co., Ltd., KRW 165,000 to Defendant G, KRW 165,000 to Defendant G, KRW 220,000 to Defendant F.

C. On December 5, 2017, the Plaintiff requested extension of the remaining payment date of the Plaintiff’s remainder was difficult to pay the remainder by December 8, 2017, which is the remainder payment date stipulated in the instant contract. As such, the Plaintiff sent a public notice to the effect that the Defendants request extension of the remaining payment date.

The Defendants notified the rescission of the instant contract. On December 11, 2017, the Defendants sent to the Plaintiff a public notice stating that “the instant contract shall be rescinded pursuant to Article 13(1) of the said contract,” and the said public notice reached the Plaintiff around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The plaintiff's assertion

A. The defendants are obligated to make statements and guarantee under Article 7(1) of the contract of this case.

The non-party I, who purchased real estate from the non-party company, the debtor of the claim of this case, publicly announced that the non-party I would pay the purchase price already in existence to the non-party company by January 31, 2018, and if so, the non-party company would pay the above purchase price.

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