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(영문) 인천지방법원 2015.08.27 2015가합50077
약정금 등
Text

1. The Defendants shall jointly and severally serve as KRW 98,00,000 on the Plaintiff and as a result, from August 12, 2013 to July 28, 2015.

Reasons

1. Basic facts

A. The status D as a party was established with Defendant C, a building company, and carried out the business of building and selling a penture in F or G Group owned by D (hereinafter “instant penta”) and Defendant B purchased the said H land from D on October 11, 2012 and newly constructed a penta on the ground.

The Plaintiff became aware of D, Defendant C, and B through Oralin I with respect to the instant pension project.

B. The Plaintiff purchased 102 10,000,000,000 won, which was constructed on the above J Forest and its ground from D, in lieu of 200,000,000 won of the sales amount, paid to D prior to the conclusion of the above sales contract, and the remainder of the intermediate payment and the remainder were fully paid after the sales contract.

C. Plaintiff’s loan 1) On February 7, 2012, the Plaintiff loaned KRW 260 million to D with respect to the instant pension project. D, with respect to the method of repayment of KRW 260 million, with respect to the above amount of KRW 260 million, transferred and paid KRW 186 million to K, and D shall pay KRW 74,00,000,000 for the land purchase payment claim to K; however, D agreed to preferentially repay part of L’s transfer amount if the sale was first conducted in accordance with the instant pension project, 105,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000 won.

In writing the Defendants’ respective notes against the Plaintiff, and Defendant C, on April 11, 2013, was treated as completion (in May 201, 2013) of the penta-gun H land constructed on the Plaintiff’s land at the same time, and at the same time, was granted a loan at the Suwon-gun Incheon Incheon Dong branch, the amount of KRW 150 million shall take precedence over the Plaintiff.

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