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(영문) 서울중앙지방법원 2014.07.17 2012가합102037

우선수익금교부

Text

1. The Defendant: (a) KRW 1.485 million to the Plaintiff; and (b) KRW 6% per annum from September 5, 2012 to July 17, 2014 to the Plaintiff.

Reasons

On February 17, 2010, the Plaintiff entered into a contract for the construction of B business facilities (hereinafter “instant construction project”) with Nonparty Heavy FFB Co., Ltd. (hereinafter “Nonindicted Company”) as follows (hereinafter “instant construction contract”).

The construction site: It seems that the lot number is changed to 6,720.1 square meter in Jongno-gu Seoul Metropolitan Government as of the present time due to the implementation of the improvement project of 8,163 square meters in Jongno-gu Seoul Metropolitan Government.

Building scale: The contract amount for construction of 26 months from the date of actual commencement: The contract amount of 1,14950,000 won (including value-added tax; hereinafter the same shall apply): The contract amount of 1,1495,000 won shall be calculated on a three-month basis after the plaintiff's commencement report, and the non-party company shall pay the amount of the completed portion determined under the approval of the substitute bank on the basis of the initial examination to the plaintiff as the contract construction cost, but if the payment is in arrears, the interest rate on the current loan under the Corporate Tax Act publicly notified by the National Tax Service shall apply.

The Plaintiff and Nonparty Company concluded a modified contract on the instant construction contract three times as indicated below.

In accordance with the instant construction contract, the Plaintiff filed a claim for payment for the completed portion with the non-party company, but the non-party company did not pay the payment for the completed portion from the sixth payment as indicated below, and the Plaintiff did not receive the total of KRW 1,485,00,000 in the present 8,90.

On May 8, 2012, the non-party company entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the Defendant on each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) as stated in the separate sheet No. 2, and paid the Defendant the amount of KRW 10 million on May 17, 2012 and KRW 10 million on July 9, 2012, respectively.

On May 10, 2012, the non-party company is between the Plaintiff, the Defendant, and the new bank (hereinafter “new bank”) as follows.

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