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(영문) 대구지방법원 2019.07.18 2018가합205944
추심금
Text

1. The Defendant: (a) KRW 438,630,136; (b) KRW 185,00,000; and (c) KRW 185,000; and (b) each of the said money to Plaintiff A on July 2018.

Reasons

1. Basic facts

A. The plaintiffs' claims 1) The plaintiff A Co., Ltd. (hereinafter "Plaintiff A")

B) On February 22, 2017, D Co., Ltd. (former Trade Name: E Co., Ltd.; hereinafter “D”).

(2) On December 31, 2017, the due date for repayment of KRW 400 million was determined and lent annually 25%, and on the same day from D, a notary public who received a notarial deed on money consumption loan contract as of March 2, 2018, stating that “When D fails to perform the above monetary obligation, it shall be recognized that there is no objection even if D is immediately subject to compulsory execution.” (2) Plaintiff B obtained a notarial deed on money consumption loan contract as of March 2, 2018, with the content that “D is not subject to compulsory execution.” On the same day, Plaintiff B obtained a notarial deed as of April 2, 2018, stating that “When D fails to perform the above monetary obligation, it shall be recognized that there is no objection even if D is immediately subject to compulsory execution.”

B. On February 28, 2018, the Defendant entered into a sales contract between the Defendant and D, etc., and owned by D and D, “one household (in the instant real estate on the ground that: (a) 205m2 in Jeju-si; (b) 1m2 in Jeju-si; (c) 357m2 in Jeju-si; and (d) 39m2 in Jeju-si, J-si, 39 households and neighboring living facilities (hereinafter “instant real estate”).

3) The sales contract to purchase the purchase price of KRW 3 billion (hereinafter “instant sales contract”) is the sales contract to purchase KRW 3 billion.

(2) In the instant sales contract, the Defendant and D paid the down payment amounting to KRW 3 billion on February 28, 2018 as to the payment method of KRW 3 billion under the instant sales contract, and KRW 2.2 billion on March 2, 2018, out of the remainder 2.85 billion, the remainder shall be paid in March 2, 2018, and the payment of KRW 650 million shall be deferred, and the remainder shall be paid in the attached special agreement (hereinafter “the instant special agreement”). 1. The remainder of the remainder of the payment shall be paid within one month after the purchase registration, and KRW 250 million shall be paid within three months after the purchase registration.

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