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(영문) 서울중앙지방법원 2013.12.20 2012가단320999

양수금

Text

1. The Plaintiff:

A. Defendant B, Korea Urban Development Co., Ltd., and C, jointly and severally, KRW 95,574,176 and 59.

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 December 1, 2004, Defendant A would sell 504 of the instant building from Defendant B in total at KRW 299,937,000 among the instant building (hereinafter “instant sales contract”).

(2) Defendant A paid 164,965,00 won in total as of the sales price and intermediate payment as set out in the instant sales contract at the due date of payment.

3) Defendant B did not notify the buyers including Defendant A of the occupancy designation date. C. 1) In order to prepare part payments, Defendant A received each of the loans (hereinafter “instant loans”) by setting a maturity of KRW 59,988,00 from the Promotion Savings Bank designated by Defendant B as prescribed by Article 2(4) of the instant sales contract on July 18, 2005, with a maturity of KRW 59,988,000 from July 18, 2006 (the final maturity of payment extended three times thereafter, January 18, 2009), interest rate of 11% per annum, overdue interest rate of 25% per annum (25% per annum from April 22, 2009) (hereinafter “instant loans”).

2) Defendant B, Korea Urban Development, and Defendant C, the representative director of Defendant B, jointly and severally guaranteed the above loan obligations to the Promotion Savings Bank within the limit of KRW 8,400,000,000, respectively. 3) March 13, 2012.