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(영문) 서울고등법원 2015.05.15 2014나43450
매매대금
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

. The debtor E agrees that the reduced claim amount of KRW 600 million among the total claims currently held against E due to the guaranteed debt in relation to the debtor's right to purchase the land in the instant project site, and that the transferor "A" and the joint transferee "B" agree that the above indicated claim amount of KRW 600,000 per day will be acquired.

Article 2(1) The balance of KRW 300 million per day (payment 2 December 15, 2009): The payment of KRW 300 million per day shall be made on December 31, 2009.

On the other hand, “B” provides “A” with a notarized bill No. 683 of November 27, 2009 for the guarantee of the payment of any balance.

Article 3 (Notice and Consent) E, which is the debtor, shall substitute for the notification of the transferor with the consent of the following:

Article 6 (Joint Payment Guarantee of “B”) 1) The assignee “B” shall jointly take over the claim, and 2) the amount referred to in Article 2 shall be jointly and severally guaranteed by three persons.

* The acquisition of the above bonds as debtor confirms and accepts it by contract. E representative director D (sealed)

C. On December 11, 2009, the Plaintiff drafted a claim acquisition agreement with F and Defendant B (hereinafter “instant first claim acquisition agreement”) with the following content.

(The Defendant C did not sign and affix a seal to the contract of this case). The Plaintiff (hereinafter referred to as the “Plaintiff”) and the assignee of the claim and the Defendant B (hereinafter referred to as the “B”) agreed on the acquisition of the indicated bonds as follows. After the preparation of the contract, the Plaintiff himself and the Plaintiff B (hereinafter referred to as the “B”) shall keep one copy after signing and sealing the contract directly.

In relation to the debtor's rights as the land purchaser of the project site in this case, "A" and "B" of Article 1 (Transfer Amount) of the total amount of claims currently held against "A" and the subsequent rights due to the debtor's guaranteed liabilities in relation to the debtor's rights as the land purchaser of the project site in this case, "A" and "B" shall be KRW 300 million per day.

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