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(영문) 울산지방법원 2020.06.24 2019가합15089
추심금
Text

1. The Defendant’s KRW 326,027,322 as well as the Plaintiff’s annual 5% from August 21, 2019 to June 24, 2020, and the following.

Reasons

1. Basic facts

A. C Regional Housing Association (hereinafter “Association”) is a regional housing association established for the project of constructing apartment buildings in Scheon-si D (hereinafter “instant project”) and E Co., Ltd. (hereinafter “E”) is an agent of the said association.

B. On March 23, 2015, the Plaintiff entered into a committee for promotion of a regional housing association with a named C, and a contract for sales agency with E (hereinafter “instant sales agency contract”) and Article 6 subparag. 3 of the said sales agency contract [Article 6 subparag. 3 of the said contract]

3. The Plaintiff shall deposit the agreed amount of KRW 300,000 in the E’s G account for smooth sale of goods.

The contract amount shall be in the form of a deposit to conduct the sales business and shall be refunded to the B at the time of termination of the sales agency contract.

Pursuant to E, the 300 million won was remitted to the Agricultural Cooperative account, and the above 300 million won was returned at the time of termination of the above sales agency contract.

C. The union and E did not return the above KRW 300 million to the Plaintiff even after the completion of the instant sales agency contract.

On August 21, 2018, the Plaintiff, the Plaintiff, and the Mutual Association, and the Mutual Association, and the Mutual Association, prepared a notarized deed of debt repayment contract (hereinafter “notarial deed of this case”) No. 388 of 2018,000 won in terms of creditor, debtor, joint and several liability E, agreed money and commission KRW 450,000,000 due date, October 15, 2018, and 15% per annum.

E. On December 28, 2018, the Plaintiff received fees of KRW 150 million under the instant sales agency contract from the said debtor.

F. On the basis of the notarial deed of this case, the Plaintiff’s total sum of KRW 300 million, interest and enforcement expenses 26,027,322, out of the bonds held against the Defendant as the instant project, such as operation and management expenses, other earnings, and land purchase expenses to be paid by the Defendant for the instant project.

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