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(영문) 창원지방법원 2015.02.12 2014가단13429
추심금
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1. The Defendant’s KRW 5,075,949 as well as the Plaintiff’s annual rate from August 6, 2013 to June 12, 2014, and the following.

Reasons

1. Facts of recognition;

A. On August 1, 2012, the Mine Exploitation Co., Ltd. (hereinafter “Magdong”) entered into a contract for the comprehensive transfer of business rights (hereinafter “instant transfer/acquisition agreement”) with Jinjin Development Co., Ltd. (hereinafter “Jinjin Development”) as follows. The Defendant and the Magdong Co., Ltd. (hereinafter “Magdong”) jointly and severally guaranteed the said transfer/acquisition agreement.

The main contents of the above transfer and acquisition contract are as follows:

The operator of the comprehensive transfer contract of a business right shall faithfully implement the following terms in transferring the business rights according to the outline of the building: (a) the operator of the comprehensive transfer contract of the business right (hereinafter referred to as the "A") and the transferee of the loan (hereinafter referred to as the "B") by comprehensive transfer:

- 아 래 - ＊개요

1. Location of real estate: The central area of Seongdong-gu, Changwon-si, 69-16;

2. 현장명 : 노블하우스 오피스텔 신축공사 ＊양도, 양수의 의미

1.For the purpose of comprehensively transferring and taking over the land ownership and project rights of “A” to “B” and the ancillarys of this project rights shall be written as follows:

＊매매대금 및 지급방법

1. The sales price shall be the gold sale price of KRW 850,000 (Won 850,000,000) and the criteria for the determination of the sales price shall be determined as of the base of the attached Table 1.

(단, 이 중 기 분양대금 이억칠십만원은 양도자가 받은 공사금액으로 지출하였음). ＊기타사항

5. “B” shall, for clarifying the implementation of this Agreement to “A”, sign the General Construction (main Notes) and the Telecommunications Manual as a joint and several sureties.

B. On January 18, 2013, the Plaintiff filed an application for a payment order (the Changwon District Court 2013 tea 210, hereinafter “the instant claim”) claiming the purchase price of goods of KRW 50,000,000 and damages for delay thereof with respect to the Gwangju Metropolitan Area, and the said payment order became final and conclusive on February 23, 2013.

C. The Plaintiff on July 31, 2013.

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