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(영문) 수원지방법원안산지원 2017.06.15 2015가합23472
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 5, 2005, the Plaintiff drafted a notarial deed of debt repayment contract (No. 2917, 2005, No. 2005, a notary public’s office A’s certificate of debt payment contract (No. 2917, 2005) stating that “the Nonparty Company shall pay KRW 6 billion to the Plaintiff by November 26, 2005, on the condition that interest rate shall be 12% per annum and delay damages shall be 20% per annum.”

B. The non-party company did not repay the above debt, and the plaintiff was the non-party company as the Daegu District Court 2014TTT17709 on November 24, 2014, and the non-party company was the defendant.

Of the claim for the transfer price under the transfer or acquisition contract stated in paragraph (1), the claim amounting to KRW 12,971,878,990 (i.e., the principal amount of KRW 6 billion) up to the accrued interest amount as of November 18, 2014, KRW 6,971,803,690, was issued a seizure and collection order.

On November 27, 2014, the above order was served on the Defendant.

C. Meanwhile, on October 14, 2014, the Defendant purchased the business site of the Korea Asset Trust Co., Ltd. (Nonindicted Company’s trust to the said Company on August 1, 2005) as indicated in the separate sheet (hereinafter “instant business right”) and completed the registration of ownership transfer on November 13, 2014.

In addition, on October 16, 2014, the Defendant acquired the instant business license from the non-party company (hereinafter “instant transfer/acquisition agreement”), and the main contents thereof are as follows.

-Article 2 (Scope of Transfer) - The scope of transfer of a non-party company's business right includes the right to approve the apartment project construction permit and basic design, authorization and permission expenses (all impact assessment, district unit planning, compensation expenses for unauthorized houses in the project site, grave removal or removal expenses, grave removal or destruction and replacement land purchase expenses, various costs for solving various civil petitions, financial interest, payment of public charges, etc.) incidental thereto, except ownership of the project site.

Article 4 (Determination of Transfer and Receipt Price and Method of Payment) The transfer price of business right shall be KRW 1.25 billion.

The price shall be paid as follows:

The agreed amount shall be 20.20.

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