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(영문) 서울고등법원 2015.05.08 2014나34876

추심금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On April 12, 2006, the defendant entered into a sales contract between the defendant and five persons, including B, etc., from the defendant, on April 12, 2006, the defendant's office of natural training for the defendant, F, G, H, and the defendant, on the grounds that the above five persons, including B, are referred to as "the seller."

1. Each of the instant real estate recorded (hereinafter “each of the instant real estate”) entered into a contract to purchase each of the instant real estate (hereinafter “each of the instant real estate”) with the price of KRW 24 billion (24 billion) and paid the seller the down payment amount of KRW 6 billion on the same day.

The main contents of the instant contract are attached Form

2. The description;

B. The Plaintiff’s claim, provisional attachment, and collection order against B were merged with the Plaintiff on February 3, 2009.

It does not distinguish before and after the merger, and is only "Plaintiff".

(B) On December 26, 2008, B made the obligor and the Defendant the third obligor, the claim amount of KRW 2,875,930,669, and the intermediate payment and the remainder claim (hereinafter “instant claim”) payable by B from the Defendant under the instant contract as Seoul Central District Court 2008Kadan11309, Seoul Central District Court Decision 2008Kadan11309.

(2) On Nov. 4, 2009, the Plaintiff filed a lawsuit against B, etc. seeking payment of usage fees, etc. under Seoul Central District Court 2009Gahap44858, and filed a lawsuit against B, etc. on Apr. 21, 2009, and sentenced B, from the above court on Nov. 4, 2009, to pay the Plaintiff the amount calculated at the rate of 24% per annum from Dec. 23, 2008 to the date of full payment. The above judgment became final and conclusive around that time.

3. On August 18, 2010, the Plaintiff’s final and conclusive judgment as executive title B, and the Defendant’s third debtor, Defendant’s third debtor, claim amount of KRW 4,016,217,479, and provisional attachment of the instant claim as Seoul Central District Court 2010TT29961.