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(영문) 서울고등법원 2019.11.07 2019재나20269
추심금
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the plaintiff.

purport, purport, ..

Reasons

1. The facts below the basis of facts do not conflict between the parties or are clear of the records.

1) The Defendants were to enter into a sales contract with the Defendants on December 29, 2009, E Co., Ltd. (hereinafter “E”).

(B) the F Building (hereinafter referred to as the “instant building”) in both States.

(2) When concluding a sales contract to purchase KRW 900,000,000 out of the purchase price, the Defendants agreed to take over the obligation to refund the lease deposit equivalent to the same amount E in lieu of payment. Accordingly, the Defendants paid KRW 650,000,000,000 as the purchase price to E on December 29, 2009, and KRW 100,000,000,000,000 as the total of KRW 65,000,00,000,000,000 as the purchase price, and on January 22, 2010, the Defendants completed the registration of ownership transfer on subparagraph (A) of the instant building from E on November 15, 2010, to purchase each of the above KRW 380,400,000,000,0000,000,0000,000,000 won, in lieu of each of the above KRW 13.3.

(2) On November 2, 2010, the Defendants paid to E totaling KRW 470 million with the purchase price for the instant building H and I, and completed the registration of ownership transfer on November 17, 2010 for the instant building H and H and I.

B. The Plaintiff’s collection order 1) The J Co., Ltd. applied for a payment order against E to the payment order for a promissory note amounting to KRW 653,160,798 and KRW 20% per annum from the day following the delivery of the original copy of the payment order to the day of complete payment (Seoul Central District Court Decision 2010 tea9456 dated December 30, 2010), and the payment order was finalized around that time.

1. E.

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