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(영문) 인천지방법원 2018.11.14 2018가단17326
추심금
Text

1. The Defendant shall pay to the Plaintiff KRW 140,00,000 and the interest rate of KRW 15% per annum from May 20, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The defendant is a reconstruction association that promotes a reconstruction project that removes existing Blue House Building from the land outside of Incheon Nam-gu, Incheon and one, and newly constructs apartment.

On December 30, 2016, the Defendant entered into a contract for a reconstruction project with the non-party D Co., Ltd. (hereinafter referred to as “D”) on the condition that the Defendant provided the land outside Incheon Nam-gu and one parcel of land, and supplied the Defendant with the newly constructed apartment and ancillary and welfare facilities, which invested the project expenses, supplied the apartment and ancillary and welfare facilities to the Defendant as a substitute, and the construction expenses and project expenses by selling the building facilities in D in general.

B. On August 11, 2016, the Plaintiff paid 140,000,000 won to D with the sale price of apartment units G to be reconstructed as above from D on December 30, 2017, by setting the sale price of apartment units as KRW 140,00,000, and the scheduled occupancy price as of December 30, 2017.

C. D continued to undertake a new apartment construction project, and discontinued around March 2017.

Accordingly, around March 2018, the Plaintiff was issued a provisional attachment order with the Incheon District Court 2018Kadan960 as to the claim for the payment of the construction price D against the Defendant on the ground that the right to claim the return of the sale price due to the cancellation of the above apartment sale contract was the preserved right.

On March 16, 2018, the Defendant held a board of directors on March 11, 2018, and decided to pay to creditors, such as a court deposit, etc. instead of D, the amount of 140,000,000 won against D. D, on March 21, 2018, issued one promissory note of KRW 140,00,000 to the Plaintiff on March 21, 2018, and written and issued a notarized bill of promissory note of KRW 183, a notary public H office stating the purport of accepting compulsory execution against the said promissory note, which was written on March 21, 2018.

E. On April 4, 2018, the Plaintiff made the said notarial deed as the executive title, with respect to KRW 140,000,000 among the claim for construction payment that D had against the Defendant by the Incheon District Court 2018TT8293.

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