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1. The Busan District Court Decision 2008Gahap4394 decided September 11, 2009, 2008Gahap12142 decided September 11, 2009 (Counterclaim) against the plaintiff of defendant A.
Reasons
1. Facts of recognition;
A. The Defendants’ previous judgment bond (1) C, D, and E are those who performed the G Complex Construction Work in the F1st unit in Busan-gun, Busan-gun, and the Plaintiff was a company that constructed the G Complex, and the Defendants were those who purchased a vinyl of the G Complex from the Plaintiff in 2007.
(2) A dispute arises between the Plaintiff, Defendants, and C, etc. regarding the G Complex Construction and the sale of plastic houses, and the Defendants filed a lawsuit against the Plaintiff, C, etc. seeking refund of the sale price and damages for the cancellation of the sales contract of plastic houses with the Busan District Court 2008Gahap4394 (main office). As to this, the Plaintiff filed a lawsuit seeking unpaid sale price, etc. as the Busan District Court 2008Gahap12142 (Counterclaim).
(3) On September 11, 2009, the above court accepted part of the main claim and dismissed the counterclaim claim. ① The plaintiff, the defendant A, and the plaintiff (the sale price of KRW 36,150,00,00 business loss amount of KRW 4,685,447 out of KRW 4,685,447 out of the plaintiff and the above 40,835,447, and Eul et al. (the sale price of KRW 46,685,447 out of KRW 40,685,447 (the sale price of KRW 46,685,447) and C et al. did not pay the plaintiff and the defendants with interest of KRW 50,685,447 up to March 27, 2009 up to 209.
(4) After the aforementioned judgment became final and conclusive, the Defendants agreed to receive KRW 4,685,447 from C, etc. among the judgment in favor of the Defendants, and exempted the Plaintiff from the obligation of KRW 4,685,447.
(5) Ultimately, the Defendants’ claim based on the final judgment against the Plaintiff is based on ① the Defendant A’s 36,150,000 won and the interest rate of 6% per annum from March 27, 2009 to September 11, 2009, and the next day to the date of full payment.