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(영문) 서울고등법원 2015.12.16 2014나2045551
추심금
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded in the trial room, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. As of October 7, 2015, the Plaintiff’s claim right holder, Inc., Ltd. (hereinafter “SPP bargaining”), an amount of KRW 6,121,203,850, value-added tax 3,189,664,510, totaling KRW 9,310,310,868,360 (including additional charges; hereinafter the same shall apply), corporate tax of KRW 5,457,530, corporate tax of KRW 2,816,420, and payment period of corporate tax of KRW 31 October 31, 2014, which is corporate tax of KRW 2,816,420, and corporate tax of KRW 14,79,68,368,360, total amount of corporate tax of KRW 5,457,530, and the payment period of corporate tax of KRW 31,201, which is corporate tax of June 31, 2015.

B. The defendant, on August 29, 2007, has the right to execute the Dongcheon Urban Development Project, which is accepted from chiping on August 29, 2007 (hereinafter the "instant business right") (hereinafter the "instant business right").

(1) In the process of acquiring the instant business right, the transfer and acquisition agreement of the instant business right stipulates that the amount of KRW 2,736,736,184 as incidental expenses incurred in the process of promoting the PF, KRW 3,273,263,263,816 as compensation for the transfer and execution of the enforcement right, and KRW 11 billion as compensation for the transfer of the business right to the remaining multi-family housing, shall be paid in a lump sum within three business days from the execution date of the contract. Article 6 (Special Agreement on the Payment of Agreement) (1) The payment date of the agreement under this Agreement shall be paid within three business days from the execution date of the contract, and the amount notified by the Defendant as the third obligor (10,357,854,194 won) as compensation for the transfer and execution of the right to execute the instant business right, and the amount of interest related to the instant business right shall be borne by the Defendant as the third obligor (10,357,854,194 won), regardless of the item and the amount of the agreement.

(2) The amount referred to in paragraph (1) shall be the person holding the provisional seizure and supporting documents of agreement and cancellation of the execution of provisional seizure.

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