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(영문) 서울남부지방법원 2019.09.20 2018가합114090

양수금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant corporation and C entered into a sales contract with the defendant corporation 1) The defendant corporation C (hereinafter "C").

(2) The apartment of this case (hereinafter referred to as “the apartment of this case”) between the Corporation and the Corporation.

2) The sales contract for sale in lots (hereinafter “instant sales contract”) under the following terms:

The Defendant concluded a contract deposit and intermediate payment. The Defendant paid the down payment and intermediate payment to C on June 29, 2009, the unpaid amount of the purchase price of the same heading and water 895,760,000 won on June 29, 2009, E, 895,760,244,000 won for 313,516,000 won on June 19, 2009, F-ho 881,230,000 won for 308,79,431,000 won for 308,431,000 won for 621,947,000 won for the sale contract of this case, but C did not pay the remainder from July 26, 2010 to several persons, including the Defendant, for the remainder of the designation period from October 13, 2010 to the date of occupancy.

3. Article 4(2) of the sales contract of this case provides that when the agreed payment date has elapsed due to the delay in the payment of the balance, the late payment shall be made by adding the arrears calculated by applying the overdue rate as listed below, which is the sum of the average loans of the deposit banks announced by the Bank of Korea at the time of the conclusion of the sales contract for the late payment period, and the additional interest for each overdue period set by the highest bank at the market share

6.72% below 1 month average average credit interest rate per additional interest rate per annum, less than 6.72% below 1 month, 5% below 11.72% below 6.72% below 8.72% below 3~6 months below 6.72% below 9.72% exceeding 6% above 6 months and 6.72% below 16.72% below 16.72%

B. On April 28, 2010, the Plaintiff’s claim for sale price in lots was transferred to the Korea Development Bank on the trust property between April 28, 2010, and C entrusts the Korea Development Bank with monetary claims, such as the above sale price claim, which is trust property, and the Korea Development Bank executes a trust contract with monetary claims with the content of collection, management, and disposal thereof.