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(영문) 서울중앙지방법원 2015.11.26 2015가합536686

기타(금전)

Text

1. The Defendant’s KRW 1,470,016,780 for the Plaintiff and KRW 5% per annum from November 14, 2014 to November 26, 2015.

Reasons

1. Facts of recognition;

A. Status 1 of the Parties A Co., Ltd. (hereinafter “A”).

(2) On April 2, 2015, the Plaintiff was decided to commence rehabilitation procedures as a joint manager on April 2, 2015 by Seoul Central District Court 2015 Gohap11. The Plaintiff was selected and appointed as a joint manager in the above rehabilitation procedures. (2) The Defendant is a company for construction projects, etc. to conduct land trust (hereinafter “instant building”).

The construction of the building in this case is the modern engineering corporation, and the person entrusted with the execution is the human windowping corporation.

B. On November 13, 2014, A and the Defendant entered into a sales contract with the Defendant, an executor for the instant building A, Nos. 1601 through 1623, and the sales contract (hereinafter “instant sales contract”).

(2) The instant sales contract (Evidence No. 1 to 24) provides that the down payment (10% of the purchase price) with respect to the payment of the purchase price shall be made on the date of the contract, the first intermediate payment (10% of the purchase price) shall be made on December 31, 2014, the second intermediate payment (10% of the purchase price) shall be made on May 19, 2015, the third intermediate payment (10% of the purchase price) shall be made on May 19, 2015, and the third intermediate payment (10% of the purchase price) shall be made on November 19, 2015, and the fourth intermediate payment (10% of the purchase price) shall be made on May 19, 2016, and the remainder (50% of the purchase price) shall be paid on the basis of the date of occupancy designation.

3) On November 13, 2014, A paid to the Defendant the sum of KRW 1,470,016,780, and paid KRW 1,470,016,780 in total the intermediate payment on December 31, 2014. C. The Plaintiff’s rescission of the instant sales contract (i) filed an application for permission to cancel the instant sales contract with respect to the instant sales contract in the rehabilitation procedure against A, and obtained permission from the court on April 13, 2015.

2) On April 21, 2015, the Plaintiff concluded the instant sales contract with the Defendant on April 21, 2015, under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”).

The cancellation of bilateral contract which is not performed pursuant to Article 119 (1).