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(영문) 수원지방법원 2018.09.19 2017가합26914
손해배상(기)
Text

1. Defendant C’s KRW 483,407,50, and 5% per annum from April 28, 2010 to February 23, 2018.

Reasons

1. Basic facts

A. On June 9, 2003, the Plaintiff, etc. entered into a partnership agreement with the Plaintiff, D, and E (hereinafter “Plaintiff, etc.”) with a view to purchasing a 33% share of the Plaintiff, E, and D’s 34% share of each 33% and F 1200.3mm2 (hereinafter “instant land”) in Ansan-si, Ansan-si, the Plaintiff, etc. newly constructing and selling the G commercial building of the 2nd underground and the 9th above ground level (hereinafter “instant commercial building”) on the said ground.

B. On June 9, 2003, the Plaintiff, etc. purchased the instant land from H to KRW 3,990,000,000, and paid KRW 399,000,000 to H as down payment. On September 19, 2003, the Plaintiff, etc. paid KRW 1,591,00,000, which is a part of the remainder, and on September 22, 2003, paid KRW 2,00,000,000, which is the remainder of the remainder. D is for the remainder payment.

(2) The term of repayment of KRW 2,000,000 from the date of maturity shall be September 22, 2004 and the loan shall be made (hereinafter “instant loan”).

(2) On September 22, 2003, E and the Plaintiff jointly and severally guaranteed a debt to DI organization with respect to the instant loan, and the Plaintiff et al. completed the registration procedure for the creation of a mortgage and superficies with respect to the instant land on September 22, 2003. The period of superficies of KRW 2,400,000,00 with respect to the right to collateral security: the maximum debt amount of the I organization collateral security: the debtor from September 22, 2003 to 30 years: D2) the Plaintiff et al. completed the registration for the transfer of ownership as to each of the instant land on September 22, 2003.

C. On October 29, 2003, K Co., Ltd. (hereinafter “K”) which was practically operated by KJ under the contract of this case, constructing the instant commercial building on the ground of the instant land from the Plaintiff, etc. (hereinafter “instant construction”) between K and L on its behalf of the Plaintiff, etc.

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