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(영문) 수원지방법원여주지원 2017.09.14 2015가단9099

추심금

Text

1. The Defendant’s respective KRW 36,330,00 for each of the Plaintiffs and 5% per annum from October 6, 2015 to September 14, 2017.

Reasons

1. Basic facts

A. On May 21, 2014, C, Korea Construction Co., Ltd, D, issued to the Plaintiffs a promissory note with a face value of KRW 764,641,195, and the due date of May 31, 2014. On the same day, as regards the Plaintiffs and the said promissory note, a notary public drafted a notarial deed stating that “No objection is raised even if they are subject to compulsory execution at the time of delay of the payment of the Promissory Notes” under the 351 of the 2014 Fasher Certificate.

B. On June 22, 2015, the Plaintiffs received the seizure and collection order (hereinafter “instant collection order”) with respect to claims, such as construction costs, construction costs, sales agency fees, sales agency fees, etc., held against the debtor, in relation to E-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-owned Housing (hereinafter “Nonindicted Company”), the debtor, as the debtor, as the debtor, under the jurisdiction of Suwon District Court Branch of Suwon-si-si 2015T-ri-ri-ri-ri-ri-si 2030, Suwon-si-si (hereinafter “Nonindicted Company”), and D received the seizure and collection order (hereinafter “instant collection order”), and the instant collection order reaches the defendant on June 25, 2015.

[Grounds for Recognition: Each entry of Gap evidence Nos. 1 through 5 and 12 and the purport of the whole pleadings]

2. Judgment on the parties' arguments

A. The parties’ assertion 1: (a) the sales agency fee to be paid by the Defendant for the sale of the Eri-Japanese land until July 11, 2016 by the non-party company sold the land in lots, and (b) there remains 2,258,150,000 won equivalent to 50% of the sales price; or (c) the Defendant changed the sales agency’s exercise from the non-party company to the non-party company for the evasion of collection prohibition to the non-party company, and the total of the commission paid by the non-party company for the above collection prohibition to the non-party company to the non-party company to the non-party company to the non-party company to the non-party company to the 517,856,00 won, is contrary

In addition, as shown in the attached Table 1, the non-party company sold out until June 16, 2015, and accordingly, the sales commission to be received from the defendant remains a total of KRW 106,220,000.