beta
Text
1. The part of the claim by subrogation right of the creditor among the lawsuit of this case is dismissed.
2. The plaintiff's remainder.
Reasons
The summary of the case is the case where: (a) the Plaintiff (Bankruptcy Bank’s bankruptcy trustee) cancelled the contract for the development of the funeral industry and the land sales contract between the Defendant on behalf of the debtor, and exercises the right to claim restitution of the down payment of KRW 1.23 million, which the development of the funeral industry has against the Defendant; or (b) the receipt of the down payment of KRW 615,00,000,000, which is a half of the down payment by agreement and agreement, constitutes a tort to evade the Plaintiff’s obligation, and thus, the Plaintiff’s direct damage claim is a part of the claim seeking payment of the amount claimed by the Defendant on the ground that the Plaintiff directly claims the Defendant for the payment of the amount of the claim.
In fact, on January 12, 2008, the development of the land sale and purchase contract for the land was concluded between the defendant and the defendant to purchase a total of KRW 12,562 square meters of land size of KRW 12,30,000,000,000 on the same day, and the down payment was paid KRW 1.23 billion on the same day.
The amount of the loan extended on the date of the loan and the date of the loan of the Bank of Bankruptcy (the amended loan period) shall be 12% per annum 6 billion won on February 14, 2008 ( February 14, 2012) and 25% per annum 25% per annum on June 29, 2010 ( June 29, 2012) and 13.5% per annum on June 29, 2010 ( June 29, 2012) - 3.5 billion won on October 29, 2010 ( October 29, 2011) and 13.5% per annum on February 29, 2010 through 11.5% per annum on February 5, 2015 (the newly constructed land development bank under the name of multi-family housing as follows in relation to the newly constructed land development project.
(1) In order to secure all the monetary obligations that the borrower has already acquired or will have already been acquired by the secured party in connection with the principal and interest of the loan and other loan agreements, the borrower shall be bound by the secured party's obligation as provided for in Article 2 (1) of the Bank of Korea (the secured party).