(영문) 부산지방법원 2015.01.20 2013가단16417

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(영문) 부산지방법원 2015.01.20 2013가단16417

추심금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 13, 2010, the Defendant entered into a sales contract with C as to all of the ancillary facilities of the building (hereinafter “instant building”) such as the 101, 102, 103, 301, 302, 401, 402, 501, 502, 601, 601, 701, 702, 801, 802, 801, 802, and 901 among the buildings in Busan Metropolitan City (e.g., E., building) and the method of paying the price was determined as follows.

On the other hand, the defendant completed the registration of ownership transfer concerning the building of this case on the 19th of the same month.

- down payment: 50 million won - Loans of 2.63 billion won to macro-fisheries cooperatives and the right to collateral security on such loans (hereinafter referred to as the “right to collateral security of this case”): the Defendant succeeds to the right to collateral security, and the Defendant bears interest from October 13, 2010.

- The lease deposit amounting to KRW 225 million: the defendant shall succeed to the lease deposit amount.

- Loans to F KRW 300 million and the right to collateral security on such loans (hereinafter “the right to collateral security of this case”): The defendant succeeds to the right, and the defendant shall pay KRW 150 million out of the above obligations until October 25, 2010, and the remainder KRW 150 million until November 25, 2010.

C After the date of registration of transfer of ownership, there is no liability for repayment of the above collateral security obligation.

- Balance: 100 million won shall be paid up to March 11, 2011.

The registration of provisional seizure in the name of G company and H company shall be cancelled by C before the defendant pays any balance.

B. On March 22, 2011, the Defendant, C, and F, who did not perform their obligations under the instant sales contract, made an agreement that included the following (hereinafter “instant agreement”) (hereinafter “instant agreement”).

The settlement of the secured debt of the second collateral mortgage of this case - The defendant's side shall pay F the sum of KRW 40,500,000 per month interest of KRW 30,000 and legal expenses of KRW 12,50,000,000,000.

In addition, the secured debt of KRW 300 million shall be repaid within two months from the date of agreement, and the interest between the two months shall be calculated and paid at 3% per month.

The defendant's side is above.

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