logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원고등법원 2019.07.11 2019나11148
추심금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

. On May 14, 2018, the Defendant, who was pending in the instant lawsuit, drafted a letter of confirmation of payment (hereinafter “instant letter of payment”) with the following content as follows.

In each letter, which is a fluority: The owner of the third obligor, who is the owner of the building, executed in the AE Urban Residential Housing Site E (Defendant: the owner of the building) from May 01, 2014 to June 30, 2014, the construction price of which C has not been paid to the Plaintiff of the concrete construction company: the Defendant promised to pay the said amount to the Plaintiff.

Provided, That the construction cost shall be paid to the plaintiff with AE Urban Residential Housing AF Dong L located in E, and it shall be registered to AG.

* The amount of purchase price for E L shall be KRW 1,00,000,000,000 won per day: the Defendant will terminate the full amount of bank loans (AH financial center at AH point) established on the land and buildings of L by 23 May 2018.

* The registrant AG shall pay AH loans to the Defendant KRW 30,000.

* The Defendant and the Plaintiff agree with the construction cost amount of KRW 94,630,000 (94,630,000) and KRW 30,000 (30,000) of building loans paid by AG, and the Defendant shall pay the registration fee.

* The project owner and the Plaintiff complete the termination of the registration transfer of AG and the creation of AH collateral mortgage, and the termination of provisional attachment of the Plaintiff’s land and building by no later than May 23, 2018.

2) On May 17, 2018, the Defendant completed the registration of ownership transfer with respect to the instant multi-family housing on the ground of sale as of May 14, 2018, and received KRW 30 million from AG around that time, and cancelled the right to collateral security (mortgage AH Co., Ltd., a mortgagee, a maximum debt amount of KRW 918,840,000) established with respect to the instant multi-family housing on May 18, 2018. Meanwhile, on April 12, 2018, the Plaintiff, while the instant lawsuit was pending, has collected the Defendant’s debt collection claim against the Defendant.

arrow