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(영문) 서울중앙지방법원 2011.04.21 2010가합102583
추심금
Text

1. The defendant shall pay to the plaintiff 2,392,85,368 won and 20% per annum from October 22, 2010 to the date of full payment.

Reasons

1. Determination on the cause of the claim

(a) The following facts may be acknowledged, either in dispute between the parties or in full view of the entries in Gap evidence 1-1, 2, and 1-1 and the whole purport of the pleadings:

1) Nonparty 1, Inc., Ltd., Ltd. (hereinafter referred to as “oiling bus”).

A) On August 18, 2006, the main complex building (hereinafter “instant building”) constructed to the Defendant at the Hancheon-dong 88-387, Seongbuk-gu, Seoul, Seongbuk-gu (hereinafter “instant building”).

Of the above, the part of the first and the sixth floor to be used by the Defendant as a large discount sales facility was sold to the purchase price of KRW 87.16 billion, and the down payment of KRW 17.432 billion was paid within seven days after the contract was concluded; KRW 13.7 billion in the first part payment of KRW 1.3 billion in the second part payment of KRW 13.4 billion in the construction cost; KRW 50 billion in the second part payment of KRW 13.4 billion in the construction cost; KRW 17.432 billion in the third part payment of KRW 17.4 billion in the completion of the construction work; KRW 26.149 billion in the remainder at the time of the completion of the construction work; and KRW 2.2 billion in the payment of KRW 19.1 billion on the date of the contract; and KRW 16.1 million in the part payment of the last part payment of KRW 16.3 billion on June 16, 2008.

3 On February 16, 2009, based on the executory exemplification of the Seoul Central District Court Decision 2007Gahap6434, the Plaintiff received from the above court the seizure and collection order as to KRW 2,392,85,368 of the purchase price of the above building against the Defendant of the Universal Bus bus No. 2009, 2009, from the above court, the above seizure and collection order was delivered to the Defendant on February 20, 209.

B. According to the above facts of determination, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, the person holding the right to collect claim for the purchase price of the building, KRW 2,392,85,368, and damages for delay at the rate of 20% per annum from October 22, 2010 to the day following the delivery of a copy of the complaint of this case, to the day of full payment.

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