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(영문) 서울동부지방법원 2017.05.11 2016가합106115

양수금

Text

1. As to KRW 296,00,278 and KRW 296,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from August 31, 2015 to May 11, 2017.

Reasons

Basic Facts

The defendant is an enterprise that has been performing construction works on the ground apartment lot C and 10 lots (hereinafter referred to as "the apartment of this case") at the same time as the company that runs the construction business, etc., and the non-party D Co., Ltd. (hereinafter referred to as "D") is the representative director of the company that runs the general construction business.

On October 22, 2013, the Plaintiff entered into a contract on the transfer and takeover of bonds (hereinafter “instant transfer and takeover contract”) with the purport of transferring KRW 300 million to the Plaintiff out of the claim for construction cost regarding the instant apartment owned by E against the Defendant and the claim for investment, etc. against the Defendant, which is KRW 300 million (hereinafter “instant transfer and takeover contract”).

E sent content-certified mail to the defendant on the same day, and the above notification reached the defendant at that time.

1. The defendant shall pay D the down payment of KRW 100 million by February 10, 2009, and shall pay the balance of KRW 300 million within three months, and shall pay the sum of KRW 400 million.

Provided, That even if there is any legal or any change, it shall be deposited into the account designated by E or E, the representative director of D, and in any case, the defendant shall be fully liable and compensated for it.

2. In the event that the contractor designated by the Defendant does not want the Bank F by January 30, 2009, the waiver note of addition D shall be null and void, and the Defendant must immediately return the waiver note of the execution right to D.

4. D's 400 million won per the waiver of D's execution right is the amount paid in pure D, and all the amounts connected to other subcontractor companies shall be separately responsible and resolved by the Defendant.

On the other hand, with respect to the new construction of the apartment of this case on January 12, 2009, the defendant prepared a letter stating that a sum of KRW 400 million shall be paid to D in return for the waiver of the execution right and lien of the construction of the apartment of this case (hereinafter "each letter of this case"), and delivered it to E who was the representative director of D, and the main contents thereof.