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(영문) 대전지방법원천안지원 2016.02.17 2015가단15586
추심금
Text

1. The Defendants shall pay each of 51,000,000 won to the Plaintiff.

2. The costs of lawsuit are assessed against the Defendants.

3...

Reasons

1. Determination as to the cause of claim

A. The following facts may be found either in dispute between the parties or in the entries in Gap evidence Nos. 1, 2, and 3, together with the purport of the entire pleadings:

1) D Co., Ltd. (hereinafter “D”).

(2) On July 20, 2005, E and 15 parcels of land (hereinafter “F apartment construction project”) were transferred to the Defendants at KRW 3.1 billion for the entire purchase price of E and 15 parcels of land (hereinafter “F apartment construction project”). The Defendants and D, in order to clarify the acquisition price under the agreement of July 20, 2005, to clarify the amount of payment for the acquisition price under the agreement of July 20, 2005, “D shall receive from the Defendants the remainder of KRW 250,000,000,000 which is unpaid out of the remainder of KRW 40,000,000,000 from the Defendants, and simultaneously implement the registration procedure for ownership transfer with respect to the said F apartment.

“The Defendants entered into an additional arrangement (hereinafter “the agreement dated January 6, 2006”) and (c) upon the performance of the agreement dated January 6, 2006, the Defendants paid KRW 148 million in total to G, H or a person designated by D’s representative director on April 6, 2006. 4) On July 15, 2014, the Plaintiff received a seizure and collection order on each of the claims amounting to KRW 51 million from D to the Defendants under the agreement dated July 20, 2005 and the agreement dated January 6, 2006.

(C) The above decision was delivered to Defendant C on July 18, 2014, and to Defendant B on August 11, 2014, respectively.

B. According to the above facts of determination, D has each of the defendants' claims of KRW 51 million (total of KRW 120 million, KRW 250 million-148 million) in accordance with the agreement dated July 20, 2005 and the agreement dated January 6, 2006.

(A) The Defendants deposited KRW 12 million in total against D on August 10, 2015. However, there is no dispute between the parties, and such deposit is null and void pursuant to Article 227(1) of the Civil Execution Act contrary to the above seizure and collection order. Therefore, the Defendants are the Plaintiff who received the seizure and collection order regarding each of the above obligations against D.

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