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(영문) 서울중앙지방법원 2014.05.14 2013가합57042
양수금
Text

1. The defendant shall pay 2,00,000,000 won to the plaintiff and 20% per annum from August 1, 2013 to the day of complete payment.

Reasons

1. Circumstances leading to the dispute of this case;

A. On October 28, 2003, Gangdong-gu Seoul, Gangdong-gu, Seoul, concluded a joint agreement to jointly promote a new project for constructing apartment units in A-1 district unit planning (hereinafter “instant project”) with B (hereinafter “B”), and entered into a contract with B (hereinafter “B) on purchase of land for the instant project.

B. Enzyn Construction, Dadam C&C, and Meben decided to transfer the instant business right to 16.7 billion won to a Co., Ltd. on June 18, 2004. On July 26, 2004, he concluded a contract with U.S. to transfer F&D (hereinafter “N”) the right under the sales contract concluded between U.S. and U.S. and the instant business right and the right under the sales contract concluded between U.S. on November 9, 2004, and received KRW 8.5 billion out of the price of the instant business from U.S. Lbnson.

Nsonnson also entered into a land purchase contract and a consulting contract with B on the purchase of land for the instant project.

C. On the other hand, on June 2, 2006, the Defendant entered into a “basic agreement for the conclusion of a contract” with the content of “acquisition of real estate and business rights” under the premise that the Defendant acquired the right under a sales contract concluded between Enson’s business and Enson’s business right and the time of the instant project.

In the above basic agreement, NsonnW is a performance guarantor of B, who is the consent of B.

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