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(영문) 대구지방법원경주지원 2015.10.06 2015가단10410

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 71,821,600 as well as 5% per annum from June 3, 2015 to October 6, 2015, and the next day.

Reasons

1. Part on the claim for takeover amount

A. Comprehensively taking account of the purport of the entire pleadings in each of the statements in subparagraphs 3 and 5 of the assignment of claims and the notice of assignment of claims, the Plaintiff received from C on January 29, 2015 the claim “93,984,000 won out of the construction balance to be received from the Defendant,” and C notified the Defendant of the assignment of claims on April 16, 2015, and around that time, it can be acknowledged that the above notice has been delivered to the Defendant.

B. The following facts are: (a) there is no dispute between the parties to the instant building; or (b) evidence Nos. 1-3 (the authenticity of the entire document is presumed to have been established, as the Defendant’s signature was due to the Defendant’s writing) and evidence Nos. 4-1; and (c) the entire purport of the pleading was considered as a whole; (a) racing-si D-275 square meters (hereinafter “instant land”) were owned by E; (b) the construction was interrupted upon completion of only construction of a building with a multi-household building on the ground of the instant land (hereinafter “instant building”); and (c) on March 23, 2012, C, which had been performing the said construction, sold the instant land and the instant building that had been newly constructed, to the Defendant, at KRW 350 million, total purchase price of the said land, construction cost of the instant building, construction cost of the instant building, design cost, and other expenses.

B) Thereafter, on November 3, 2012, the Defendant agreed to settle the costs paid to C with respect to the instant building, and additionally pay KRW 18,591,600,000,000,000 for total, which is the lessee of the instant building, and KRW 70,000,000 for the obligation to refund the deposit for the lease on a deposit basis to F, a lessee of the instant building, and KRW 70,000,00 for the collateral security obligation established on the instant land, in lieu of the above payment, by the Defendant’s succession to and in lieu of the above payment. Accordingly, the Defendant settled the sales amount to be paid to C as KRW 163,591,60 ( KRW 305,00,000 - KRW 90,000,000 - KRW 70,591,60.