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(영문) 서울남부지방법원 2018.09.20 2017가합109589

양수금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) concluded a sales contract with the Defendant on February 20, 2009 with respect to the above apartment unit G, as an executor who newly built Eable apartment units located in Young-si D, and the sales contract with the Defendant on February 20, 2009 with respect to the above apartment unit G.

B. The Defendant paid KRW 468,397,50 of the sales price by August 28, 2009, but did not pay KRW 250,632,50 of the remainder.

The balance payment date under the above sales contract shall be the occupancy date, and where the buyer fails to pay any balance after occupancy, he/she shall pay damages for delay at the rate fixed for each overdue period (the following table).

C On April 5, 2010, the defendant sent a written notice of occupancy designation "from June 18, 2010 to August 17, 2010" to the defendant.

Not more than 1.72 months less than 1.72 months less than 1.72 months, but not more than 14.72 months less than 15.72 months but more than 16.72 months;

C. On April 28, 2010, C entered into a monetary trust contract with the Korea Development Bank (including a claim for the sale price against the Defendant on the trust bond), and on October 8, 2010, notified the Defendant that the sale price was entrusted. D.

C and the Korea Development Bank decided to transfer the trusted sale price claims to the Plaintiff upon termination of the trust agreement on December 30, 2016.

On March 13, 2017, the Korea Development Bank notified the Defendant of the assignment of claims and finally reverted the claim to the Plaintiff.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 8 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the facts based on the completion of extinctive prescription, the Plaintiff had a claim against the Defendant for the sales price acquired from C and the Korea Development Bank.

However, since a seller C is a stock company, the above claim is presumed to be a claim arising from commercial activities, and the five-year extinctive prescription period is applied in accordance with the Commercial Act.

The payment date of the above bonds is August 17, 2010, which is the expiration date of the occupancy period.

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