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(영문) 대구지방법원상주지원 2015.01.28 2012가단1923

매매대금

Text

1. The Defendant’s KRW 80,000,000 as well as 5% per annum from May 19, 2012 to January 28, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 1, 2010, the Plaintiff entered into a contract with the Defendant’s Intervenor C, under which the Plaintiff entered into a contract with C for the construction period of the construction of the Eement 19 household units on the ground of the Gyeongsung-gun and the 19th unit (hereinafter “instant loan”). From April 1, 2010 to October 31, 2010, the construction cost was KRW 1.3 billion (excluding value-added tax).

B. Upon completion of the instant loan, the Plaintiff completed registration of ownership preservation in the name of the Plaintiff with respect to each household of an aggregate building completed on August 31, 2011.

C. On September 30, 201, the Plaintiff agreed to settle the unpaid construction cost between the construction business operator who received a subcontract for the construction of the instant loan, including the Defendant, and the construction business operator who agreed to transfer some of the households of the instant loan to the construction business operator by payment in kind (hereinafter “instant agreement”).

The Defendant is a construction business operator who was awarded a subcontract for timber construction at the new site of the instant Bara.

In accordance with the agreement of this case, the Plaintiff agreed to sell 101 Dong 201 (hereinafter “instant 201”) among the instant Ba to the Defendant at KRW 160,000,000 among the 160,000,000 among them, but the Plaintiff decided to settle the unpaid construction cost and the unpaid construction cost against the Defendant, and the remainder of KRW 80,000,000 among the sales price was paid by the financial institution as security under subparagraph 201 of this case.

Accordingly, on October 24, 2011, the Plaintiff completed the registration of ownership transfer under the name of the Defendant with respect to the instant subparagraph 201.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, 8 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, as the Defendant seeks from May 19, 2012 to January 28, 2015, the delivery date of the original copy of the instant payment order from May 19, 2012 to the date of delivery of the original copy of the instant payment order, the Defendant’s promotion of litigation, etc. from the following day to the date of full payment.

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