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(영문) 부산지방법원동부지원 2017.05.30 2016가단5063
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 114,00,000 and the interest rate of KRW 15% per annum from April 19, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 27, 2012, C Co., Ltd. (hereinafter “C”) prepared a real estate sales contract (No. 2-1) with the content that the Defendant’s spouse E and the Defendant’s representative director purchase KRW 1322 square meters (hereinafter “instant land”) prior to the Busan Gangseo-gu, Busan (hereinafter “instant land”) to purchase KRW 58,00,000,000, and completed the registration of ownership transfer on the instant land on the same day.

At the time, the registration of seizure was completed on the land of this case due to the default of national taxes and local taxes.

B. On April 23, 2014, the Defendant concluded a contract with C on May 1, 2014, setting the amount of KRW 4,950,00,000 for new construction works, and the date of completion as of October 31, 2014.

C. On December 3, 2014, the Defendant and C terminated the New Construction Contract, and the Defendant and C drafted the following agreements (Evidence 1; hereinafter “instant agreement”) with respect to the settlement of construction cost and the amount loaned by C:

1. From September 2013 to July 2014, 2014, it is confirmed that C’s total amount lent to the Defendant is KRW 234,00,000.

2. Compensation for damage sustained C due to the discontinuance of construction, and the defendant shall be paid 150,000,000 won.

3. The payment date and amount of loans and damages to be paid by the defendant to C are as follows:

1) 60,000,000 won for a period of payment: The first amount paid on September 2, 2014: 70,000,000 won for the period of payment, and the first payment date: February 3, 2015: 10,000,000 won for the second payment, and the second payment date: March 31, 2015: 154,000,000 won for the second payment, and the third payment date: May 15, 2015: Provided, That at the third payment, the defendant shall deduct C35,000,000 won for the third payment (tax seized in the name of Gangseo-gu EF), and shall pay C 10,000,000 won for the second payment date.

After that, the Defendant paid C KRW 175,00,000,000 in total, as repayment of debt under the instant agreement, KRW 15,000,00 on February 10, 2015, KRW 20,000 on March 18, 2015, KRW 100,000 on April 16, 2015, and KRW 25,000,000 on November 16, 2015 (=15,00,000,000).

E. C Of the claims under the instant agreement to the Plaintiff on February 16, 2016.

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