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(영문) 서울남부지방법원 2019.07.26 2018가합114014
양수금
Text

1. The Defendant: (a) KRW 302,442,00 for the Plaintiff and KRW 11.72% per annum from December 4, 2010 to January 3, 201; and (b) January 201 for the Plaintiff.

Reasons

1. Basic facts

A. On May 22, 2009, the sales contract was concluded and the Defendant acquired the status of the buyer (1) C (hereinafter “C”) entered into with D on May 2, 2009 the sales contract under which F apartment G units located in the fourth complex in the E-city Urban Development Project Zone E-district area was sold at KRW 864,120,000 (hereinafter “instant sales contract”). The Defendant acquired the status of the buyer under the instant sales contract from D with C’s consent on October 29, 2009.

(2) The Defendant or D paid the sum of KRW 561,678,000 to C by December 28, 2009, the date of the fourth intermediate payment pursuant to the instant sales contract.

According to the instant sales contract, the Defendant paid the remainder of KRW 302,442,00 on the occupancy date, and C gave guidance for the occupancy designation period from October 4, 2010 to December 3, 2010 to the buyer including the Defendant, but the Defendant did not pay the remainder.

(3) Article 4(2) of the instant sales contract provides that when the agreed payment date has elapsed due to the delay in the payment of the balance, the late payment shall be made by adding the overdue charge calculated by applying the following overdue rate to the sum of the average loans of the deposit banks announced by the Bank of Korea at the time of the conclusion of the sales contract for the overdue period and the additional interest for each overdue period set by the highest bank at the market share of the household funds loan market:

6.72% below 1 month average average credit interest rate per additional interest rate per annum, less than 6.72% below 1 month, 5% below 11.72% below 6.72% below 8.72% below 3~6 months below 6.72% below 9.72% exceeding 6% above 6 months and 6.72% below 16.72% below 16.72%

B. On April 28, 2010, the Plaintiff’s purchase price claim (1) C entrusts the Korea Development Bank with a monetary claim, such as the above sale price claim, which is trust property, with C’s trust property, with the sales price claim against buyers including the Defendant.

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