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(영문) 부산지방법원 2016.08.11 2015가합43236

공사대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 910,000,000 won and the Defendants’ amounting to 9.0% per annum from November 6, 2014 to August 11, 2016.

Reasons

1. Basic facts

A. On March 3, 2014, the Plaintiff purchased from D the purchase price of KRW 561 square meters and its ground telecom (hereinafter “instant telecom”) for KRW 3.35 million.

B. On March 5, 2014, the Plaintiff sold the instant cartel to Defendant B for KRW 5 billion. Of the sales price, KRW 3.5 billion out of the sales price, Defendant B received a loan as security for the instant cartel, and the KRW 1 billion was paid by Defendant B upon entering into a lease contract with KRW 10 billion in the name of the Plaintiff or the person designated by the Plaintiff. The transfer registration of the ownership transfer for the instant cartel was completed to Defendant B before the Plaintiff was paid the remainder for the said loan. The Plaintiff agreed to deliver the instant cartel after the Plaintiff remodeled the instant cartel.

(hereinafter “instant sales contract”). The Plaintiff and Defendant B set the interest for delay on the nonperformance of the obligation under the instant sales contract as 0.8% per month.

C. On May 28, 2014, the Plaintiff and Defendant C’s joint and several sureties 1) concluded a title trust agreement between the Plaintiff and the Defendants, and the Defendants, under which they would complete the registration of ownership transfer of the instant mother, under the name of Defendant C, on May 28, 2014, replacing KRW 5 billion out of the purchase price of the instant sales agreement with the advance payment made by Defendant B on April 30, 2014, and paying KRW 3.5 billion upon receiving the instant mother boat as security, and the remainder of KRW 1 billion is to enter into a lease agreement under the name of the Plaintiff or the person designated by the Plaintiff and pay it as the security deposit (hereinafter “instant agreement”).

(2) In addition, Defendant C jointly and severally guaranteed the obligation of Defendant B to the Plaintiff under the instant sales contract and the instant agreement, while implementing the instant title trust agreement.

In this case.