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(영문) 서울중앙지방법원 2017.10.18 2015가단5396091
양수금
Text

1. The Defendant’s KRW 65 million to the Plaintiff and the Plaintiff’s 5% per annum from January 22, 2016 to October 18, 2017, and the following.

Reasons

Basic Facts

On January 29, 2010, the defendant entered into a contract with C to purchase the Seocho-gu Seoul Metropolitan Government No. 1 Floor No. 284 million won.

(B) Of the instant sales proceeds, KRW 28 million was paid on February 25, 2010, and KRW 176,400,000,000,000 for the remainder of the sales proceeds, respectively, on March 19, 2010, and the remainder of the sales proceeds was paid on March 19, 2010, in lieu of acquisition of KRW 60,000,00 for the previous collateral loan obligation and the deposit repayment obligation on the said real estate.

E, as the defendant's land, was in charge of the sales business of this case for the defendant, and was paid part of the purchase price with his own funds on behalf of the defendant.

Accordingly, E transferred 13 million won out of the down payment on January 29, 2010 to the seller’s account, 65 million won out of the intermediate payment on February 25, 2010, and 15 million won of the remaining intermediate payment on February 26, 2010.

The Defendant paid the remainder of the purchase price of this case as a new collateral loan of KRW 138 million with respect to the said real estate, or subrogated the previous security loan, and completed the registration of ownership transfer on March 17, 2010 after the full payment was made in lieu of the acquisition of the obligation to refund the lease deposit.

On March 18, 2010, the Defendant transferred the total sum of KRW 16 million to each account of E and East F, and repaid part of the purchase price borne by E.

E around June 1, 2015, around June 1, 2015, transferred to the Plaintiff a claim against the Defendant due to the payment of the purchase price, real estate brokerage fee, etc. of the instant sales, and delegated the right to notify the transfer of claims. The instant warden, stating the Plaintiff’s purport of notifying the transfer of claims, reached the Defendant on January 21, 2016

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 3, and Eul evidence Nos. 5 through 9 (including paper numbers), the assertion of the purport of the whole pleadings, and the assertion by the parties to judgment, are limited to KRW 13 million, intermediate payment, 80 million out of the purchase price of this case in lieu of the defendant.

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