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(영문) 수원지방법원 2014.08.12 2013가단92367

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C and the Defendant entered into a contract for the supply of factory sites (hereinafter “the first service contract of this case”) with respect to approximately 150,000 square meters (45,000 square meters) on July 13, 2007, Chungcheongnam-do, Chungcheongnam-do, and about 29 lots of land (45,000 square meters) and agreed to pay the down payment of KRW 1.35 billion at the time of the contract, but C did not pay the down payment to the Defendant at the time of the contract.

B. On July 27, 2007, the Defendant established E Co., Ltd. (hereinafter referred to as “E”) and appointed as the representative director.

C. On August 23, 2007, between F and 11 companies and E, the sales price of approximately 109.157 square meters ( approximately 33,020 square meters) out of approximately 132,230 square meters of the size of 16 lots in Chungcheongnam-gun, Chungcheongnam-do, and 16 lots (hereinafter the instant secondary service contract) was concluded between F and 11 companies, and the agreement was made as follows with regard to the method of paying the sales price and the liability for the payment of the sales price to be made by the said companies.

(i)The down payment shall be KRW 450 million, provided that it shall be KRW 150 million at the time of the contract, and shall be paid KRW 200 million at the time of the completion of the joint contract between the prop and the cooperative enterprise by lot of the entire project site and KRW 11 billion at the end of October thereafter.

(2) The intermediate payment of KRW 4.95 billion shall be paid simultaneously with the transfer of ownership at the time of project approval.

(3) The balance of KRW 4.5 billion shall be paid at the time of completion of civil engineering.

(4) When a district unit planning project is delayed or non-scheduled for more than one year due to a cause attributable to E, the down payment shall be refunded to the F and 11 companies.

(5) E may give a peremptory notice of termination of the contract to the time of delay in the payment of the price to F and 11 companies after the approval of the district unit project.

C up to October 2007, by the second service contract of this case, paid 420 million won out of the down payment under the second service contract of this case to E.

E. On February 13, 2008, between the Plaintiff, the representative of C and H, both E and 11 companies, the Plaintiff, the representative of C and H, the Plaintiff on February 13, 2008, approximately KRW 9,915 square meters (1-5 square meters: I) of land for factory among approximately 128,385 square meters of land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and approximately 26 square meters