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(영문) 서울중앙지방법원 2013.12.20 2012가단318194

양수금

Text

1. The Plaintiff:

A. Defendant B, Korea Urban Development Co., Ltd., and C, jointly and severally, KRW 123,593,238 and 61.

Reasons

1. Basic facts

A. Defendant B (hereinafter “Defendant B”) is the executor of the new building E (hereinafter “instant building”). Defendant Korea Urban Development Corporation (hereinafter “Defendant Korea Urban Development”) is the contractor of the instant business, and Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) is the trustee who received real estate security trust (hereinafter “instant trust”) from Defendant B in relation to the instant business. The Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) is the first beneficiary of the instant trust.

B.1) As between Defendant B and Korea Urban Development on August 29, 2004, Defendant A would sell 904 of the instant building from Defendant B in total at KRW 308,166,000 among the instant building (hereinafter “instant sales contract”).

(2) Defendant A paid KRW 255,708,00 in total the down payment and the intermediate payment out of the sales price prescribed in the instant sales contract at issue on the due date of payment.

3) The Defendant B did not notify the buyers including the Defendant A of the occupancy designation date. C. 1) In order to prepare part payments, as prescribed by Article 2(4) of the instant sales contract on August 14, 2007, Defendant A received each of the loans (hereinafter “instant loans”) by setting the payment period of KRW 61,634,00 from the Promotion Savings Bank designated by the Defendant B on August 14, 2008; the interest rate of KRW 11% per annum; and the overdue interest rate of KRW 25% per annum (23% per annum from April 22, 2009).

2) As of March 13, 2012, Defendant B, the representative director of Defendant B, Korea Urban Development, and Defendant C, respectively, jointly and severally guaranteed the above loan obligations to the Promotion Savings Bank within the limit of KRW 8,400,000,000, respectively. 3) on March 13, 2012: (a) the balance of the principal and interest of this case as of March 13, 2012 = 123,593,238 won = Interest of KRW 61,634,000