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(영문) 서울중앙지방법원 2014.01.28 2012가단320906

양수금

Text

1. The Plaintiff:

A. Defendant A shall pay 22,149,423 won;

B. Defendant M&D Co., Ltd.

Reasons

1. Facts of recognition;

A. 1) The Defendant Letter Co., Ltd. entered into a sales contract (hereinafter “instant officetel”) on the C Ground of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant officetel”).

) New construction and sale business (hereinafter referred to as “instant business”)

(1) The executor, Defendant Urban Development Corporation, and Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) are the implementation corporation of the instant project.

(1) As to the instant business, the instant real estate trust (hereinafter referred to as “instant trust”) shall be deemed to be a real estate trust from Defendant Mail.

(2) The Korea Development Bank (hereinafter referred to as the “Promotion Savings Bank”) shall be the trustee, and the Korea Development Savings Bank shall be

(2) On December 6, 2004, Defendant A entered into a contract with Defendant UV and the Defendant Urban Development, under which Defendant A would sell 907 out of the instant officetels at KRW 308,166,000 (hereinafter “instant sales contract”), and the main contents thereof are as shown in the attached sheet.

3) Defendant A paid the sum of KRW 169,483,00 in the first down payment and the fifth intermediate payment out of the sale price stipulated in the instant sale contract. 4) The commencement date of the instant project is July 26, 2004, and Defendant Ma New notified the date of designation of occupancy to buyers including Defendant A or the expected date of change of occupancy.

B. In order to prepare the intermediate payment of the instant sales contract, Defendant A obtained a loan by setting the amount of KRW 61,634,000 on July 18, 2006 from the Promotion Savings Bank designated by Defendant Mail as prescribed by Article 2(4) of the instant sales contract at the rate of KRW 61,634,00 under the joint and several guarantee of Defendant Mail, Defendant Urban Development, and Defendant B (within the limit of KRW 8.4 billion, respectively) (hereinafter “instant loan”) at the maturity of KRW 61,634,00 on July 18, 2006 (within the maturity of four times thereafter, January 18, 201), interest rate of KRW 11% per annum, overdue interest rate of KRW 25% per annum (from April 22, 2009 to 23% per annum) (hereinafter “instant loan”).

(2) As of March 13, 2012, the principal and interest of this case as of March 13, 2012 = KRW 95,707,326.