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(영문) 서울중앙지방법원 2015.05.06 2014가합7082

양수금

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1. The Defendant: (a) KRW 200,000,000, and 5% per annum from January 1, 2013 to March 26, 2014, respectively, to the Plaintiff.

Reasons

The summary of the case is that the Plaintiff, the transferee-creditor, seeks the payment of the acquisition amount against the Defendant in relation to the payment of KRW 200 million out of the down payment of the commercial building sales contract in accordance with the agreement between the Defendant and the Defendant.

In fact, C entered into a sales contract on the premise that the commercial building will operate the hospital from Macheon-si D 401, 403, 405, and 501 (hereinafter “instant commercial building”); on October 25, 2012, G on behalf of the owner of the commercial building in the name of the hospital operator and G on behalf of the owner of the commercial building in the name of E, which will be the hospital operator, purchased the said commercial building at KRW 3.6 billion (the contract amount of KRW 360 million, intermediate payment of KRW 2.3 billion, intermediate payment of KRW 2.3 billion, and the balance of KRW 940 million (the payment date of November 15, 2012), and the payment of intermediate payment would succeed to the bank loan.

According to the special terms and conditions of a sales contract, the balance is treated as being paid to H and G by the former building owner.

With respect to the payment of KRW 350 million out of the sales contract amount, C and the defendant shall prepare a letter of agreement with the following contents on November 5, 2012, and have obtained authentication from a law firm on November 6, 2012.

In selling and buying the instant commercial building, the Defendant shall pay KRW 350,000,000 to F, and KRW 200,000,000 to F, the Defendant shall pay KRW 150,000 to F, and KRW 200,000 to C, respectively.

Of the above amounts, KRW 150 million paid by the defendant shall be paid by C immediately after the completion of the Credit Fund, and if C does not implement the Credit Fund, KRW 200 million paid by C shall be paid immediately by the defendant to C.

On November 6, 2012, the transfer of down payment and transfer of assignment C remitted KRW 200 million to the Defendant in the name of the Plaintiff to the national bank account (Account Number: I) in the name of the Defendant.

C On November 7, 2012, the Plaintiff transferred to the Plaintiff a letter of agreement with the Defendant, and the content-certified mail on November 8, 2012.