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(영문) 서울북부지방법원 2017.11.17 2016가단27440
양수금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The owners of Seocho-gu Seoul, including the Defendant, of the Seocho-gu Seoul, agreed to re-building the above 18th unit of the 19-year unit of the 19 household unit of the 7th unit of the 19 household unit of the 19th unit of the 3rd unit of the 19 unit of the 19 unit of the 208 unit of the 2008 unit of the 2008 unit of the 200 unit of the 200 unit of the 3rd unit of the 3rd unit of the 3rd unit of the 3rd unit of the 3rd unit of the 19 unit of the 19 unit of the 19 unit of the 19 unit of the 19 unit of the 19 unit of the 19 unit of the 2008 unit of the 200 unit of the 1st unit of the 200 unit of the 2nd unit of the 3rd unit of the 201 unit of the

1. The defendant shall pay 238,395,801 won, which is a contribution agreed with the non-party company, to the non-party company within one month after completion, but it shall be treated as a bank loan if it is difficult to pay in

2. In a case where the process under paragraph (1) is not possible, the defendant set up a collateral to the non-party company and pays overdue interest to the non-party company.

The interest rate for the first six months shall be 13% per annum and 22% per annum thereafter.

3. The non-party company shall claim construction cost to the Defendant within one month after the completion of the construction work prior to the construction on the site owned by the Defendant.

B. Around May 2008, co-implementers, including the Defendant, allocated 402 units of the instant multi-family housing to Defendant B and determined their contributions as KRW 238,395,801.

After that, the above co-implementers prepared a written agreement on the construction cost under the contract between the non-party company and the non-party company individually, and the main contents of the agreement made between the defendant and the non-party company are as follows.

C. On February 18, 2009, the non-party company: (a) drafted an agreement on the transfer and takeover of claims with respect to G, a subcontractor, to transfer KRW 230,000,00 among the claims against the Defendant of the non-party company; and (b) notified the Defendant of such transfer around that time.

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