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(영문) 서울고등법원 2019.03.27 2018나2032058
양수금
Text

1. Revocation of the first instance judgment.

The Defendants jointly and severally liable to the Plaintiff KRW 238,994,00 and December 4, 2010.

Reasons

1. Basic facts

A. The Defendants and D Co., Ltd. entered into a sales contract 1) The Defendants are Co., Ltd. D (hereinafter “D”) on May 13, 2009.

2) The apartment of this case (hereinafter referred to as the “instant apartment”) in the E District Urban Development Project Zone in Jinsi-si.

(2) The sales contract of this case is the sales contract of this case under which H heading 682,840,000 won is sold (hereinafter “instant sales contract”).

(2) The Defendants paid D totaling KRW 443,846,00 to D as down payment and intermediate payment. (2) The remainder amounting to KRW 238,994,00 under the instant sales contract shall be paid on the occupancy date. D on July 26, 2010, instructed several buyers, including the Defendants, to the occupancy designation period from October 4, 2010 to December 3, 2010, but the Defendants did not pay the remainder.

3. Article 4(2) of the sales contract of this case provides that when the agreed payment date has elapsed due to the delay in the payment of the balance, the late payment shall be made by adding the arrears calculated by applying the overdue rate as listed below, which is the sum of the average loans of the deposit banks announced by the Bank of Korea at the time of the conclusion of the sales contract for the late payment period, and the additional interest for each overdue period set by the highest bank at the market share

6.72% below 1 month average average credit interest rate per additional interest rate per annum, less than 6.72% below 1 month, 5% below 11.72% below 6.72% below 8.72% below 3~6 months below 6.72% below 9.72% exceeding 6% above 6 months and 6.72% below 16.72% below 16.72%

B. On April 28, 2010, D transferred the Plaintiff’s claim for sale price to the Korea Development Bank. As trust property, D entrusted the Korea Development Bank with a monetary claim, such as the above sale price claim, which is a trust property, and the Korea Development Bank concluded a trust contract with a monetary claim with the content of collection, management, and disposal thereof (hereinafter “instant trust contract”).

Article 4(1) of the Trust Contract of this case is D.

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