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(영문) 서울중앙지방법원 2013.10.24 2012가단35888
계불입금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from February 22, 2012 to the day of complete payment.

Reasons

1. Facts of premise;

A. (i) The defendant subscribed to four successful bidders, regardless of other members of the successful bid, which are operated by D solely with an agreement with D, regardless of whether it is another member of the successful bid. (As of the commencement date, the defendant subscribed to the four successful bid amounts (as of June 20, 2008; 2.6. 21, June 21, 2008; 3. 22, July 22, 2008; 4. 10 August 10, 2008).

Doshes each contract shall be paid by a member of the community, who stated the lowest contract price for the time limit (exemption from the payment of the time limit for the relevant time limit) and the payment of the subsequent time limit shall be fixed at a fixed amount each time, and the remaining costs vary depending on the above contract price.

나. 피고의 낙찰, 계불입금 미납 및 파계 피고의 ①∽④계의 낙찰 여부 및 계불입금 납입내역은 아래 표와 같은데 모두 2008년 말내지 2009년 초에 사실상 파계되었고, 피고가 낙찰받은 ①, ②계의 계불입금 중 미납 총액은 230,000,000원(=①계 130,000,000원+②계 100,000,000원)이다.

(1) The unpaid amount of monthly payment for which the total amount of the paid amount has been determined after the successful bid is successful, ① the unpaid amount of the total amount of the paid amount for the month in which the total amount of the paid amount has been determined.

C. (i) On June 21, 2011, the Plaintiff filed a lawsuit against D on the claim for refund, such as the Plaintiff’s 201 Gohap1608 Deposit, etc., and rendered a favorable judgment against D to the Plaintiff on February 15, 2011 that the Plaintiff would pay to the Plaintiff the amount calculated at the rate of KRW 182,140,000 and the amount calculated at the rate of 20% per annum from February 15, 2011 to the date of full payment.

Sheet Defendant shall grant D on September 22, 2008 100,000.

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