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(영문) 서울중앙지방법원 2020.09.18 2018가합559369
계약상의무이행등 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. 1) The Plaintiff (the trade name before the change is “D,” and “Plaintiff” regardless of whether before or after the change was made.

The purpose of the real estate sales business is a corporation established for the purpose of the real estate sales business, and the defendant (the trade name before the change is referred to as the "E corporation" and the defendant, regardless of whether before or after the change

(2) The Plaintiff purchased land from around 2003, Incheon, and newly built and sold a commercial building on the ground level 2 and 7th above the ground level 2 (hereinafter “instant HHH project”) (hereinafter “instant HH project”). On the other hand, the Plaintiff purchased land from Incheon Bupyeong-gu I and J on the ground, and newly built and sold a commercial building on the ground level 2 and 10th above the ground level (hereinafter “instant Kdong project”).

3) A stock company (the later trade name was changed to “C Bank,” and “C Bank, regardless of whether before or after the change.”

M Co., Ltd. and its affiliate companies (the trade name before the change is “N,” and “M, whether before or after the change is “M”.

) The Hdong Project in this case and the Kdong Project in this case (hereinafter collectively referred to as “each Project in this case”).

The C Bank was declared bankrupt on September 7, 2012 by Seoul Central District Court 2012Hahap96 and was appointed as the trustee in bankruptcy.

B. The Plaintiff entered into a credit transaction agreement from January 2003 to August 2003, and entered into a credit transaction agreement with C Bank and M as shown in the following table.

On January 27, 2003, Plaintiff 3.6 billion won in C Bank’s loan account on August 29, 2003, Plaintiff 3.2 billion won in C Bank’s loan account on August 29, 2003, Plaintiff 4 billion won in C Bank’s KRW 3.2 billion in M on August 29, 2003

C. The Plaintiff and R Co., Ltd. (hereinafter “R”) entered into an agent contract.

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