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(영문) 전주지방법원 2013.11.22 2013가합378

양수금

Text

1. The defendant shall pay 400,000,000 won to the plaintiff and 20% per annum from January 26, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of housing construction and sales supply business, etc., and the Defendant is a regional housing association established under the Housing Act on April 15, 201 in order to conduct the business of constructing a main apartment (hereinafter “instant apartment”) on the 10,591 square meters wide-gu Seoul Special Metropolitan City (hereinafter “instant apartment”).

B. On July 7, 2011, the Defendant entered into a consignment agreement with Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”) with the content that the project management, construction management, and fund management related to the instant project shall be performed until November 2, 2014 (after six months from the completion date of the instant apartment construction completion date). The Defendant paid the Korea Land Trust to the Korea Land Trust KRW 1.4 billion in the project management remuneration, construction management remuneration, KRW 600 million in the total of KRW 1 billion in the fund management remuneration, KRW 3 billion in the contract remuneration at the time of concluding the agreement, KRW 300 million in the first receipt of the intermediate payment by the Defendant’s members, or KRW 300 million in the first receipt of the deposit for the sale of commercial building on behalf of the Plaintiff members, and KRW 200 million in the first time every three months after the commencement date of the instant apartment construction (hereinafter “instant consignment agreement”), and each of the said Korea Land Trust Management Affairs shall be delegated to the Korea Land Trust Co., Ltd. (hereinafter “D”).

C. On July 7, 2011, the Korea Land Trust entered into a business management service agreement with Samdib City and Samdib City to perform the business management of the instant project by November 2, 2014, and the Korea Land Trust entered into a land trust agreement with Samdib City to pay KRW 1.54 billion with its remuneration (including value-added tax).

(hereinafter “instant service contract”). D.

D had a claim of KRW 1,500,322,360 against Samchin City, which is one of the bad credit holders.

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