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(영문) 서울중앙지방법원 2020.12.03 2019가합557711
추심금
Text

1. The defendant shall pay 402,387,984 won to the bankruptcy trustee of the plaintiff bankrupt Corporation B and this.

Reasons

1. Basic facts

A. The Plaintiffs Company A was declared bankrupt on April 30, 2013 by Seoul Central District Court No. 2013Hahap46, and Company B was declared bankrupt on July 1, 2013 by Seoul Central District Court No. 2013Hahap89, respectively, and the Plaintiffs were appointed as bankruptcy trustees.

B. D Co., Ltd. (hereinafter “D”) promoted the business of constructing and selling apartment units on the land outside E and outside 39 parcels in the Guri-si, Guri-si (hereinafter “E Development Project”).

D and the Defendant entered into a contract on January 15, 2007, under which D had D enter into a sales contract on the land and site necessary for the development project with D, and D would pay the difference between the purchase price of KRW 6 million and that of KRW 6 million to the Defendant if the purchase price of KRW 6 million is not more than KRW 6 million, and the Defendant would pay the difference between the purchase price of KRW 6 million and KRW 6 million to the Defendant.

Since then, F Co., Ltd. (hereinafter “F”) succeeded to the status of the above contract between D and the Defendant.

On January 21, 2010, the defendant filed a lawsuit against F to request F to pay the settlement amount related to E development projects (the District Court 2010 Gohap573).

In the process of the above lawsuit, the defendant and F entered into an settlement agreement, and the court rendered a ruling dismissing the defendant's claim on August 16, 2012 on the ground that F does not have the amount to be paid to the defendant and the defendant must pay the settlement amount to F. This judgment became final and conclusive around that time.

On August 22, 2013, F transferred to D the above claim for the settlement of accounts against the Defendant (hereinafter “claim for settlement of accounts of this case”) (hereinafter “transfer of claims of this case”), and notified the Defendant of the transfer of claims on August 28, 2013.

C. On August 29, 2013, D with respect to the claim for the settlement of accounts, the Seoul Eastern District Court 2013Kahap10480, seeking the payment of the instant claim for the settlement of accounts.

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