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(영문) 서울동부지방법원 2020.07.14 2019가단154668

기타(금전)

Text

1. The Defendant’s KRW 148,395,176 among the Plaintiff and KRW 123,681,203 among them shall be from October 5, 2019 to July 14, 2020.

Reasons

1. Basic facts

A. On July 31, 2007, D entered into a contract for sale in lots (245,700,000 won) with E and Gangwon Chang-gun FYG (hereinafter “instant real estate”). D entered into a contract for sale in lots (245,70,000 won for the instant real estate) with E and the instant real estate on the same day, and D entered into a contract for lease in two years and eight months each year for the rental period for E and the instant real estate.

Since then, on January 1, 2008, the Plaintiff succeeded to the status of the parcelling-out right holder under the above parcelling-out contract from D, but did not receive the registration of ownership transfer from E, and on February 2, 2009, the Plaintiff registered the establishment of chonsegwon with the deposit amount of KRW 245,70,000 on the real estate in this case.

B. On February 28, 2009, E Co., Ltd. issued to the Plaintiff an agreement with respect to the proceeds and the lease period of the instant real estate, stating the following:

E, in allocating profits to the instant real estate promised with the Plaintiff, extended the 10% guarantee period by August 31, 2014, and the current unpaid earnings are settled by August 31, 2010.

C. On August 30, 2012, the Defendant succeeded to the lessee status of the instant real estate from Co., Ltd., E, issued to the Plaintiff a letter of commitment stating the following:

The Defendant promises to pay the unpaid interest on the instant real estate at 8% per annum.

On August 26, 2014, the Defendant issued to the Plaintiff a repayment plan with the following content:

As in August 31, 2014, the contract for the lease of a pentent loan entered into between the plaintiff and the defendant has expired, I transfer the instant real estate.

After August 31, 2014, the Plaintiff drafted a payment agreement, lease agreement, and each of the following contents with respect to the real estate of this case with the Defendant on November 26, 2014, respectively, since the accounts payable as of August 31, 2014 134,271,694.

The payment key is the amount settled under the entrusted management of the real estate of this case between the 2008 and August 31, 2014 of the Payment Agreement, as follows: