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(영문) 서울중앙지방법원 2016.05.27 2015가합543424
기타(금전)
Text

1. The Defendant’s KRW 344,79,179 and KRW 129,439,631 among the Plaintiff and the Plaintiff’s KRW 129,439,631 from January 1, 2013 to June 18, 2015.

Reasons

① On November 6, 2009, the Plaintiff, a project implementer of Jung-gu Incheon Jung-gu, entered into a contract with the Defendant for the sale of the above apartment units of KRW 106 2502,50,000 (hereinafter “instant contract for sale”); on May 30, 2010, the construction contract for the construction of balcony expansion options of KRW 11,62,000; ② The Plaintiff did not pay an intermediate loan of KRW 197,940,00 to the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) under the instant contract for sale; KRW 19,527,631; ③ pursuant to the instant contract for sale and construction; the Defendant did not pay the above KRW 30,500 to the Defendant for the remainder payment of KRW 19,527,631; and ④ The Defendant did not pay the remainder interest of KRW 10,610,000 until the expiration of the occupancy period; and ④ The Plaintiff did not pay the above settlement interest of KRW 3010,50,200.20.

Therefore, the defendant shall pay to the plaintiff 34,79,179 won [129,439,631 won in liquidation (10,610,00 won in total) (215,359,548 won in subrogation) and liquidation amount of 129,439,631 won in total from January 1, 2013 to June 18, 2015, which is clearly indicated that the delivery date of the original copy of the payment order in this case is 15.96% in a year from the day following the due date to June 18, 2015; 215,359,548 won in subrogation to 9,302,00 won in total; 215,631 won in total; 30% in total from September 30, 2013 to the day following the due date to the delivery date of the original copy of the payment order in this case; 30% in total from September 26, 2015.

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