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(영문) 서울동부지방법원 2020.07.22 2019가합1525
양수금 등
Text

1. All of the instant lawsuits are dismissed.

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

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) concluded a construction contract with the Defendant for the instant apartment on April 28, 1993 and completed the construction work, but did not receive part of the construction cost.

B. Accordingly, C filed a lawsuit against the Defendant for the payment of the construction cost, and the appellate court of the lawsuit was decided as follows (Seoul High Court Decision 2002Na4650 delivered on February 7, 2003), and the appellate court of final appeal dismissed part of the part against the Defendant as to the damages for delay and dismissed the remainder of the final appeal, which became final and conclusive.

(1) Of the judgment of the first instance court on July 8, 2003, the portion of the claim for payment of money is modified as follows. (2) The portion of the judgment of the first instance court on July 8, 2003.

The defendant against the plaintiff (C),

(a) Of 4,161,024,150 won and above, 1,037,036,000 won shall be paid from November 10, 1999 to 10,000, 10,000 won from January 1, 200 to 1, 2037,96,050 won, 6% per annum from January 1, 2001 to November 21, 2001; 25% per annum from the following day to the full payment date; 1,037,96,050 won from January 1, 2002 to the date of full payment; 1,037, 96,050 won from each year to the date of full payment; 1,000 won from January 1, 200 to the date of full payment; 1,037,96,050 won from March 1, 205.

(b) pay 1,037,996,050 won at the end of each year from 2003 to 2004.

2. Upon receiving a claim for a change in exchange from the trial of the plaintiff (C), the defendant means 95 lots of apartment buildings of this case, including real estate listed in the separate sheet of this case, to the plaintiff (C) and real estate listed in the separate sheet of this case.

On October 1, 1998, 823,680,000 won for establishing a mortgage, the procedure for establishing a mortgage by the defendant, the procedure for establishing a mortgage, the procedure for establishing a mortgage by the defendant, the maximum debt amount of 5,603,416,251 won for exercising the right to claim a mortgage on July 12, 2002, and the procedure for establishing a mortgage by the debtor's defendant, respectively.

C. C shall be listed in the annexed sheet in accordance with the final judgment of this case.

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