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(영문) 서울남부지방법원 2019.05.10 2018가합114748

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. (1) On May 6, 2009, the Defendant concluded the instant sales contract with C on May 6, 2009, under which the sales contract was concluded with C (hereinafter “C”) to sell the E apartmentF units located in the four complexes of the Da-si Urban Development Project Zone D (hereinafter “instant sales contract”) at KRW 703,960,000.

After that, the defendant paid C the sum of KRW 457,574,000 in down payment and intermediate payment.

(2) The remainder amount of KRW 246,386,00 for the instant sales contract shall be paid on the occupancy date. C announced on July 26, 2010 to the buyers including the Defendant during the occupancy designation period from October 4, 2010 to December 3, 2010, but the Defendant did not pay the remainder.

(3) Article 4(2) of the instant sales contract provides that when the agreed payment date has elapsed due to the delay in the payment of the balance, the late payment shall be made by adding the overdue charge calculated by applying the following overdue rate to the sum of the average loans of the deposit banks announced by the Bank of Korea at the time of the conclusion of the sales contract for the overdue period and the additional interest for each overdue period set by the highest bank at the market share of the household funds loan market:

6.72% below 1 month average average credit interest rate per additional interest rate per annum, less than 6.72% below 1 month, 5% below 11.72% below 6.72% below 8.72% below 3~6 months below 6.72% below 9.72% exceeding 6% above 6 months and 6.72% below 16.72% below 16.72%

B. On April 28, 2010, the Plaintiff’s purchase price claim (1) C entered into a trust agreement with the Korea Development Bank on April 28, 2010 with respect to the sale price claim held by C as trust property and with respect to the sale price claim held by D against buyers including Defendant, and C entered into a trust agreement with the Korea Development Bank with respect to monetary claims with respect to the collection, management, and disposal of the sale price claim

(hereinafter “instant trust agreement”). Article 4(1) of the instant trust agreement provides for a bond to the Korea Development Bank at the time of a trust agreement by C.