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(영문) 청주지방법원제천지원 2016.09.28 2015가단3668
양수금
Text

1. The Defendant’s KRW 88,00,000 for the Plaintiff and the following: 5% per annum from October 29, 2015 to September 28, 2016.

Reasons

1. Basic facts

A. On March 22, 2013, the Defendant paid C KRW 50,000,000, and KRW 20,000,000 on March 23, 2013, respectively.

B. Around March 22, 2013, D decided to sell KRW 268,00,000 (hereinafter “instant land”) to the Defendant, who became aware of the introduction of C, for KRW 4,921 square meters (hereinafter “instant purchase contract”) from the Defendant or C on the same day, and received KRW 40,000,000 from the Defendant or C.

C. D On April 11, 2013, the Defendant completed the registration of transfer of ownership on the instant land on April 1, 2013.

On June 26, 2013, the Defendant entered into a contract on the instant land with the maximum debt amount of KRW 130,000,000 with the Defendant and the right to collateral security for the Defendant. On June 27, 2013, the Defendant entered into a contract on the establishment of a collateral security agreement with the Defendant on June 27, 2013.

On June 27, 2013, the Defendant remitted KRW 100,000,000 to a bank account in the name of D, which received a loan as collateral of the above collateral.

E. On September 25, 2013, C agreed to pay KRW 133,00,000 for the remainder of the instant sales contract, on three occasions, as KRW 40,000,000 until October 30, 2013, and KRW 40,000,000 until November 30, 2013, and KRW 53,00,000 until December 30, 2013.

F. The Defendant paid C KRW 30,000,000 on November 15, 2013, and KRW 50,000,000 on November 17, 2013, and KRW 30,000,00 on November 25, 2013, and D received KRW 40,000,00 from the Defendant or C on November 17, 2013.

G. On March 4, 2014, C and F promised to preferentially pay the remainder of KRW 93,00,000 to D as the sale price of the pertinent land. Around March 4, 2014, C and F have prepared and delivered a written confirmation stating that “C and F promised to begin the instant land project from March 15, 2014.”

H. On October 10, 2014, D completed a provisional attachment registration with a claim amounting to KRW 93,000,000 for the instant land to the Defendant.

I. D. From October 2014 to September 30, 2015, D is around September 30, 2015.

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