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(영문) 서울중앙지방법원 2016.01.15 2014가단5351145
계약금반환등 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Samsung Mutual Savings Bank was declared bankrupt on June 24, 201 by this Court No. 2011Hau72, and the Plaintiff was appointed as the bankruptcy trustee.

(hereinafter referred to as the "Bankruptcy Debtor". (b) The Bankruptcy Debtor Co., Ltd.

On September 29, 2006, the bankruptcy debtor entered into a credit transaction agreement with D with 8 billion won, and lent the above money to D.

(F) The due date of the loan obligation has been extended over four times and changed on July 9, 2010.

D concluded a contract to purchase real estate from the defendants for the purpose of the new apartment construction project, and paid the down payment and the intermediate payment as follows:

(1) On September 30, 2006, the date of concluding a sales contract between D and Defendant A, and B (hereinafter “instant First Contract”): The purchase price of land and building E in Busan-gu: KRW 1.90 million (the contract amount of KRW 1.9 billion, intermediate payment of KRW 50 million, KRW 50 million, the remainder of KRW 926.5 million), and the intermediate payment of KRW 163.5 million (2) and the date of concluding a sales contract between D and Defendant C (hereinafter “instant Second Contract”): On October 1, 2006: The purchase price of land and building E in Busan-gu, Busan-gu, Busan-do, KRW 220 million (the remainder of KRW 20 million, KRW 900,000,000,000,000).

Since then D failed to repay loans by the maturity date, and as of September 30, 2014, KRW 7,543,735,740 of the principal and interest of loans was outstanding.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Eul evidence 1, Eul evidence 2, Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is that the plaintiff shall exercise the right of subrogation against the defendants of insolvent D by having the debtor's claim for the refund of loans against D as the preserved right.

The defendants are obligated to return part of the down payment and the intermediate payment already received for the following reasons to D:

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