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(영문) 서울중앙지방법원 2015.05.27 2014가합585780
추심금
Text

1. The Plaintiff, Defendant B, and Defendant C. on each of the above amounts, KRW 1,166,66,66, and KRW 583,33,333 for Defendant A, C, D, and E, respectively.

Reasons

The summary of the case is that the Plaintiff received a claim and collection order regarding the claim for the return of the purchase price from the Defendants of the cabares Co., Ltd. (hereinafter “cabares”), and sought the payment of the collection amount against the Defendants.

In fact, on April 24, 2014, the Seoul Central District Court rendered a judgment to require the Plaintiff to pay damages for delay in accordance with 21% per annum for KRW 2,517,721,917 of the above and the above money from May 2, 2012 to the day before the day of full payment, which became final and conclusive on May 15, 2014, with respect to KRW 2,534,270,097 and KRW 2,517 of the above money.

On October 17, 2014, based on the above final judgment, the Plaintiff issued a collection order, as Seoul Central District Court 2014TTTT 28905, with respect to the Plaintiff’s obligation to return the purchase price pursuant to the cancellation of the pre-sale agreement for the purchase and sale of the 12 parcels, FYF, and the 1/6th share holders of the above land (as to Defendant B, who is the 2/6 share holders of the above land, KRW 1,276,908,149, and as to the remaining Defendants, KRW 638,454,072).

On October 22, 2014, the above ruling was served on the remaining Defendants except Defendant D, and on November 18, 2014, to Defendant D.

The first instance court concluded on December 17, 2014, when the Defendants sold the said G land at KRW 13.2 billion to the Korea Refrigere Co., Ltd. (hereinafter “Korea Refrigere”), on August 9, 2007, the Defendants succeeded to the buyer’s status under the above sales contract on August 2009, and paid the down payment of KRW 1.5 billion and the intermediate payment of KRW 1.5 billion in total, and on December 8, 2009, the subject matter of sale and purchase promise on October 30, 2009.

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