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(영문) 전주지방법원 2018.09.06 2016나9721
추심금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

In fact, on August 9, 2012, C entered into a sales contract between C and the Defendant with the content that sold KRW 73,00,000 of the purchase price to the Defendant for KRW 160,00,00,00 on the land (hereinafter “instant sales contract”); and accordingly, C entered into a sales contract with the Defendant to sell the purchase price claim for KRW 73,00,000.

On August 9, 2012, the Defendant paid the down payment of KRW 5,000,000 from that time to November 26, 2013, including the payment of KRW 5,000,000 to C in accordance with the instant sales contract.

Based on the authentic copy of a notarial deed, No. 1545, No. 1545, 2009, the Plaintiff filed an application for the seizure and collection order of the instant purchase price claim with the debtor C, the third debtor as the defendant, and the third debtor as the defendant, and the amount of the claim KRW 20,000,000, based on the authentic copy of the notarial deed with the executory power of the Jeonju District Court support 2014TU. 983.

On May 19, 2014, the foregoing court issued a seizure and collection order (hereinafter “instant seizure and collection order”) according to the purport of the request. The instant seizure and collection order were served on the Defendant on May 26, 2014.

Upon the lapse of the relevant case, the Defendant asserted that C did not have any obligation to pay the purchase price of this case against C while filing a suit for confirmation of the existence of the obligation (hereinafter “related case”) with the Jeonju District Court’s Jeonju District Court’s 2017Kadan10426.

On April 10, 2018, the above court terminated the sales price of KRW 25,00,000 out of KRW 73,00,000 under the instant sales contract, and on the premise that the instant sales contract is a quantitative sale, the amount of KRW 51,00 out of KRW 160 was insufficient. As such, the corresponding amount of KRW 23,268,750 out of KRW 160 was extinguished (=7,000 x 51glu/160 x 51glu), the Defendant’s obligation to pay the sales price was extinguished. The Defendant’s KRW 50,00,000 against the Defendant of F on July 15, 2009, which was taken over from F on February 15, 2016.

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