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(영문) 수원지방법원 2017.11.17 2015가합62121

정산금

Text

1. The Defendant: (a) KRW 11,596,139,828 to the Plaintiff; and (b) from April 23, 2015 to the date the instant judgment became final and conclusive, the Defendant’s KRW 1.555,828 to

Reasons

1. Basic facts

A. The defendant is the operator of the B industrial complex development project of this case (hereinafter referred to as "the industrial complex of this case").

B. The original development project was announced as the Gyeonggi-do Public Notice C on May 30, 2008, and was finally revised to the Gyeonggi-do Public Notice D on January 24, 2014 through several changes. Of them, the contents of the transformation are as follows:

G (16 November 16, 2010) G (35,670 square meters) a day-to-day (including a day-to-day conversion) of 35,000 square meters in a substation for public facilities site: C (208 May 30, 2008) a substation for 63,331 square meters in a substation for public facilities space (27,641 square meters) G (including a day-to-day conversion) of 119,010 square meters in a substation for public facilities site (35,000 square meters in a substation for public facilities site) H (35,000 square meters in a substation for public facilities site; 1 E-one day (including a day-to-day conversion) of 35,000 square meters in a substations for public facilities site

C. On December 22, 2014, the Plaintiff entered into a contract on the purchase price of KRW 75,987,85,000 with the Defendant for the purchase price of KRW 119,00,00 for KRW 119,00,00 for members of Pyeongtaek-si in the instant industrial complex. At the time of the contract negotiations, there is an opinion on whether the sale price of the said site should be calculated as the development cost and the appraisal amount should be calculated as the development cost under the interpretation of the relevant Acts and subordinate statutes in the said contract negotiations process. As such, the Plaintiff agreed to mutually settle the sales price paid in cases where the Plaintiff files a lawsuit within two months from the date of the payment of the remainder, and the interest accrued prior to the final and conclusive judgment shall be calculated as the fixed deposit interest rate of KRW 1-year maturity in commercial banks at the

According to the above sales contract, the Plaintiff paid the Defendant a total of KRW 75,247,783,830 on December 22, 2014 and KRW 79,987,85,50 on December 24, 2014, KRW 30,274,40 on intermediate payment and KRW 37,374,589,200 on December 24, 2014, and KRW 75,247,783,83,830 on December 22, 2015. The Plaintiff and the Defendant agreed to fully pay KRW 79,987,85,00 on April 22, 2015, by applying discount rates on intermediate payment and balance paid before the due date.

E. Since then, the Plaintiff and the Defendant on May 13, 2015.