(영문) 서울고등법원 2017.01.13 2015나2016017

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(영문) 서울고등법원 2017.01.13 2015나2016017

추심금

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against Edrid Construction Co., Ltd. (hereinafter “Edrid Construction”)

2) The apartment of this case (hereinafter “the apartment of this case”) is composed of the C apartment of six units with a total of 540 units on the ground of the 19 parcels, B and 19 parcels.

) A new project (hereinafter referred to as “instant project”)

(2) On June 17, 2013, between the Plaintiff and Edrid Construction, a notary public drafted a promissory note No. 329, stating that “When the payment of a promissory note is delayed to the holder of the said promissory note, a notary public shall be recognized that there is no objection even if he/she is immediately subject to compulsory execution” (hereinafter referred to as “notarial deed of this case”) with respect to a promissory note No. 329, stating that “When a notary public delays the payment of a bill to the holder of the said promissory note, he/she shall be recognized that there is no objection” (hereinafter referred to as “notarial deed of this case”).

B. The Edrid Construction and the Defendant’s executor of the instant project (i.e., a security trust contract, etc.) is the Fdrid Construction Co., Ltd., the contractor of the instant project (hereinafter “Fdrid Construction”), one-young Co., Ltd., the contractor of the instant project, who suffered from the financial shortage.

(2) On July 30, 2012, at the time of requesting the cost of debt settlement, the following agreements (hereinafter “instant agreement”) are as follows:

1. The national and local taxes imposed in connection with the instant project are to be paid in Japan from the project cost. 2. On July 30, 2013, the amount of the adjusted amount, such as the cost of debt settlement, interest, etc. (as to KRW 500 million, it shall be paid in sequence until the time the unsold goods in the instant place of business are finally discovered under mutual agreement with each other, and the time and amount of payment shall be paid in order until the time and amount thereof.

3.One-young shall be at the time of the settlement of the project.

유사 판례

-서울중앙지방법원 2017.08.18 2016가합557017

-서울중앙지방법원 2015.02.05 2013가합559296

-의정부지방법원 2018.01.12 2016가합55346

-서울중앙지방법원 2015.04.09 2014가합507346

-서울중앙지방법원 2013.10.16 2012가합539035