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(영문) 서울남부지방법원 2017.05.19 2016가단260886
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and interest rate of KRW 15% per annum from December 10, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. According to the evidence evidence evidence Nos. 1 through 3, the defendant agreed to pay to the defendant on March 5, 2014, "30 million won, which occurred due to the contractual intent with the defendant and the third party redevelopment project cooperative," within three days from the date of payment (where the down payment received falls short of the above 30 million won, 50 percent of the amount shall be deferred until the second payment) where the construction is decided or the down payment is paid after the decision for the housing redevelopment project in Seoul, 30 million won was made with the defendant and the third party, 200,000 won from the service contract of February 24, 2014 [the above contract of this case] between the defendant and the above cooperative, 30,000 won, 18,000 won, 200,000 won, 301,000 won, 20,000 won, 301,000 won, 16,000 won of the remainder of the bonds No. A and 21.

B. According to the above facts of determination, since there is no down payment separately in the service contract between the defendant and the above partnership and only three remainder payments, it is reasonable to deem that the term “contract payment” in the “within three days from the date of payment of the contract deposit” which is the due date of the contract deposit in this case is the service payment under the service contract. Since the defendant has already received KRW 94 million from the service payment until September 2016, it is the fact that the defendant has already been paid the service payment until September 2016, it seems that the due date of the contract in this case has expired.

Therefore, the defendant shall deliver to the plaintiff, the transferee of the claim the amount of KRW 30 million and a copy of the complaint of this case as requested by the plaintiff.

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