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(영문) 서울중앙지방법원 2018.05.30 2017가합574477

기타(금전)

Text

1. The Plaintiff:

A. Defendant A and B shall each be 62,095,469 won and each of them shall be 16.0% per annum from October 21, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a contractor who newly built an apartment of the Gyeonggi-gu Seoul Metropolitan Government O (hereinafter “instant apartment”) and the truster, Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust Co., Ltd.”) that had built and decided to sell the instant apartment is a trust company entrusted with the instant apartment sales business from AWD Co., Ltd., and the Defendants are the buyers of the said apartment.

B. The Plaintiff completed the new construction of the instant apartment, but failed to receive the construction cost from AWC, and the Defendants concluded a sales contract with respect to each of the units stated in the attached Form No. 3 of the purchase price list among the instant apartment units, but failed to pay part of the remainder of the sale price.

C. The Plaintiff, the Defendants, and the Korea Land Trust Co., Ltd.: (a) extended the payment period of some of the remainder of the sale price until July 31, 2015 (Defendant K K by July 31, 2013; and (b) Defendant N by July 31, 2016); (c) the Defendants paid late payment charges from the day following the said payment period; and (d) the Plaintiff entered into an agreement for the occupancy support and the extension of the remainder with the purport to allow the Defendants to transfer ownership and move in, subject to the establishment of the right to collateral security for each of the above units.

The Defendants did not pay the balance by the due date, but the Plaintiff filed an application for voluntary auction based on the right to collateral security for each of the above offices, and received the dividends in the dividend procedure for each of the money stated in the “distribution amount” stated in the above Table.

E. On December 31, 2015, L&C is in a insolvent state of more than KRW 1,031,018,000,000 than its assets.

[Ground of recognition] Defendant A, B, I, and J: Unstrifed facts, described in Gap evidence 1 through 7 (including paper numbers), the purport of the whole pleadings

2. Determination as to claims against Defendant A, B, I, and J

A. According to the above facts of recognition as to the cause of the claim.