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(영문) 전주지방법원 정읍지원 2017.02.08 2016가합238

구상금

Text

1. The Defendant shall pay to the Plaintiff KRW 109,112,60, and the interest rate of KRW 15% per annum from May 14, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On October 11, 2013, the Defendant was awarded a contract with C and D for construction cost of KRW 3,580,000,000 for the construction work of constructing three units of loan from 32 households on the ground of the land of Da, Chang-gun, Ma, and F.

B. Around July 10, 2014, the Defendant completed the construction of the above new construction, and each registration of preservation of ownership was completed in the name of C for a sectioned building on the ground of the above land E (102 building; hereinafter “the instant loan”) and each of the sections on the above F land was completed in the name of D.

C. On November 3, 2014, Nonparty G drafted a sales contract with H, a Defendant’s employee, whereby the seller’s name was KRW 185 million (the contract amounting to KRW 20 million on the date of the contract, the intermediate payment, and the remainder KRW 165 million on November 14, 2014) with the seller’s KRW 201,00,000,000,000 for payment, intermediate payment, and the remainder of the contract amount to KRW 165 million.

(2) The purchase and sale contract for the loan of this case No. 201, which was concluded pursuant to the above sales and sale contract (hereinafter referred to as the “instant sales contract”).

G shall deposit the down payment of KRW 20 million on the date of the instant sales contract, and KRW 160 million, excluding KRW 5 million agreed to reduce the intermediate payment and the remainder on November 14, 2014, in the name of each H, with the deposit account in the name of each H notified by each H, and shall pay the full purchase price, and the registration of ownership transfer is completed as to the loan of this case 201 on the same day.

E. Meanwhile, prior to the conclusion of the instant sales contract, the first priority registration of the establishment of a mortgage (hereinafter “the instant establishment registration”) was concluded by the Seoul District Court, Go Changdong District Court (Seoul District Court Decision 10129, Jul. 28, 2014; 129,000,000,000, the maximum debt amount of which was KRW 129,000,000; the debtor C and the senior agricultural cooperative of Chang Chang Changwon Co., Ltd. (hereinafter “the instant establishment registration”); and the seller agreed under the instant sales contract that all limited real rights, such as the mortgage established on the subject matter of the sales until the date of the remainder payment,

However, G pays the sales price to the seller in full, and the loan of this case No. 201.