beta
(영문) 서울북부지방법원 2021.01.21 2019가합27240

채권양도절차이행 등 청구의 소

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On September 4, 2013, K entered into a settlement agreement with K to receive KRW 600 million from K in relation to the construction of a new building on the N-based basis (hereinafter “M”) on September 4, 2013 (hereinafter “instant agreement”); and upon the instant agreement, M’s claim against K in accordance with the instant agreement (hereinafter “instant agreement”). [The contents of the instant agreement] M shall be 600 million out of 1,313,131,185 won of the already invested construction cost, and at the same time, the amount of KRW 1,610 million out of 1,313,185 of the already invested construction cost shall be 4 lots of land owned by K-based O, P, Q, and R ( currently owners L, the maximum amount of claims against Plaintiff, Plaintiff, and Plaintiff 90 million) (the maximum amount of claims established on March 90, 200). The remainder shall be paid 300 million on May 13, 2013.

In addition, the interest rate shall be 2% per annum when each due date for payment of the above amount is violated, and M shall not be paid for the remaining amount of KRW 713,131,185.

B. On August 11, 2014, the Defendants made the debtor M and the third debtor K. The amount claimed by Defendant D is KRW 16,049,566, Defendant C Co., Ltd. (hereinafter “Defendant C”) KRW 9,44,962, Defendant E Co., Ltd. (hereinafter “Defendant E”) KRW 11,642,173, Defendant F Co., Ltd. (hereinafter “Defendant F”) KRW 42,410,71, Defendant G Co., Ltd. (hereinafter “Defendant G”) was subject to provisional attachment order at KRW 51,973,984, Defendant H 11,26,381, Defendant I was subject to provisional attachment order at KRW 15,010,087, Defendant C Co., Ltd. (hereinafter “Defendant D”) and Defendant G Co., Ltd. (hereinafter “Defendant G”) at KRW 1481,281,481, Defendant J. 19, and Defendant J Co. (hereinafter “Defendant”).

(c)

In addition, on January 5, 2015, the Defendants made the debtor M and the third debtor K on January 5, 2015, and Defendant D 15,503.