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(영문) 대구지방법원안동지원 2016.08.11 2015가합3393
정산금
Text

1. The Defendant’s KRW 140,000,000 and the Plaintiff’s annual rate of KRW 5% from May 27, 2016 to July 14, 2016.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence 1-1 to 13, Gap evidence 2, 3, Gap evidence 4-1 to 4, Gap evidence 5, 7, 9, Gap evidence 18-1, 2, Gap evidence 20, Gap evidence 23-1, 23-2, 3, Eul evidence 1-1, 2, Eul evidence 1-2, 2, Eul evidence 2, and 4, and the whole purport of the arguments.

C’s purchase of land and promotion process of new construction of a building 1) The Plaintiff’s husband who is the Plaintiff’s husband shall be the E-gi 325.8 square meters from D on April 27, 2004 (hereinafter “instant land”).

(2) On April 28, 2004, upon purchasing the instant land, C purchased the instant land and completed the registration of ownership transfer under the Plaintiff’s name. (2) At the time of purchasing the instant land, the first-class collateral security (the principal amount of secured debt KRW 240 million) in the name of the Ansan Saemaul Depository, which was named as “the maximum amount of credit,” and the first-class collateral security (the principal amount of secured debt KRW 240 million) in the name of the debtor D, and the second-class collateral security (the principal amount of secured debt KRW 100 million) in the name of G, which was named as “the debtor F,” respectively. However, the Plaintiff acquired the said secured obligation.

3) C) From the time of the purchase of the instant land, H Co., Ltd. (hereinafter “H”) substantially operated by oneself.

2) The instant building is a complex building with the size of 1st underground and 8th ground on the said land in its name (hereinafter referred to as “instant building”).

B. On June 15, 2004, C and the Defendant entered into a construction contract under H’s name, building I on the 1stm227.9m2 (hereinafter “relevant building”) owned by the Defendant from the Defendant on June 15, 2004.

On February 30, 2005, the date of completion of the new construction of the building was determined as KRW 750,1520,000 (including value-added tax) and thereafter, the new construction of the building was carried out thereafter. C. Following the conclusion of the sales contract by the Plaintiff, C and the Defendant, and J, C borrowed KRW 100,000 from K under G’s guarantee in order to raise funds for the new construction of the building related to the building of this case.

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