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(영문) 수원지방법원평택지원 2017.04.13 2017가합96
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 580,00,000 and the interest rate of KRW 15% per annum from January 5, 2017 to the day of complete payment.

Reasons

1. Indication of claim;

A. The Defendant sold 21,422 square meters of forests and fields in Pyeongtaek-si, C previous 1,084 square meters, D previous 539 square meters, and E previous 321 square meters to Sejong Industrial Development Co., Ltd. (hereinafter “instant real estate”).

B. Three Industrial Development Co., Ltd. entered into a contract for construction of civil engineering works, etc. following the development of the instant real estate between the Plaintiff and the Plaintiff. Although the Plaintiff completed the construction pursuant to the above contract, the Plaintiff did not receive construction cost of KRW 580,000,000 from the Samil Industrial Development Co.

C. The Defendant filed a lawsuit against Samil Industrial Development Co., Ltd. to cancel the registration of ownership transfer due to the invalidation of the cause of the instant real estate, and the judgment became final and conclusive on the following grounds: “Cilil Industrial Development Co., Ltd. shall receive KRW 1,500,000 from the Defendant, and at the same time, shall implement the procedure for cancelling the registration of ownership transfer which completed with respect to the instant real estate.”

The Samil Industrial Development Co., Ltd. failed to pay the construction price to the Plaintiff, and upon the result of the above judgment, transferred to the Plaintiff the claim of KRW 580,000,000 out of the claim of KRW 1,50,000 to be paid from the Defendant.

E. Therefore, the defendant shall pay to the plaintiff the amount of KRW 580,000,000 and damages for delay.

2. Articles 208(3)2 and 150(3) of the Civil Procedure Act of the applicable provisions of the Acts (a judgment made by a person who is deemed as a person with a confession, and the defendant submitted only a formal written objection with no particular content after receipt of the original payment order. Since no specific written response was submitted, the plaintiff did not appear on the date for pleading, it is deemed that all of the allegations

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