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(영문) 서울서부지방법원 2020.01.08 2019가합33999

추심금

Text

1. The Defendant’s KRW 1,440,00,000 and KRW 201,000 among the Plaintiff, respectively, shall be KRW 1,239,000 from May 11, 2019 to KRW 1,239,00,00.

Reasons

1. Facts of recognition;

A. C Co., Ltd. and the Defendant’s sales contract 1) The Defendant, April 14, 2017, shall be C Co., Ltd. (hereinafter “C”).

(D) The sales contract to purchase the E-building F through G on the ground of D and four parcels (hereinafter “instant sales contract”).

(2) On July 4, 2018, the Defendant concluded a contract with C on the following terms and conditions with respect to the instant sales contract. 2. The Defendant paid the total sale price of KRW 5.5 billion (in the case of VAT, KRW 960,000,000,000,000,000 for the remainder KRW 4.54,50,000,000,000,000, out of the remainder 4.54,000,000,000, out of the remainder, and KRW 2.8 billion by July 6, 2018, and in such case

Any balance remaining 1.7 billion won shall be paid in installments.

3. The detailed plan for the payment of any balance in installments under the above paragraph (2) is as follows:

The total amount of KRW 300 million in KRW 3300 million in KRW 3300 million in KRW 240 million in KRW 1.740 million in April 2019, 2019, June 2019, 2019, shall be KRW 1.740 million in KRW 300 million in KRW 300 million in December 2019.

4. If the Defendant fails to pay the corresponding amount on the day on which the payment should be made in accordance with the detailed plan for payment in installments under paragraph 3, compensation for delay shall be paid at the rate of 15 per annum per day of delay.

5. When the Defendant has failed to comply with the detailed schedule and amount of the installment payments under paragraph (3) not less than twice, the Defendant shall lose the benefit of the time under this Special Agreement and pay the remainder in lump sum.

In such cases, the defendant agrees that C proceeds from compulsory sale of the relevant real estate (three preceding floors of the E building) for each unit of housing and appropriate C for the repayment of the remaining balance.

2 The Defendant lost the benefit of time due to the delay in payment of the remaining balance of KRW 1.74 billion according to the instant sales contract.

B. The content that the Plaintiff, on July 24, 2018, lent to C the amount of KRW 1.97 billion due on July 30, 2018, including the seizure and collection order of the unpaid purchase price claim under the instant sales contract.