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(영문) 울산지방법원 2020.11.19 2020가단100412
분양대금청구
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) the amount of KRW 101,197,600 and the amount thereof from November 22, 2019.

Reasons

1. Basic facts

A. On March 1, 2019, the Plaintiff and C entered into a supply contract (hereinafter “instant supply contract”) with respect to the D Building E (hereinafter “instant real estate”) in Ulsan-gun, Ulsan-gun, the supply price of which is KRW 126,497,00.

C At the time of the instant supply contract, C paid the Plaintiff the sum of KRW 12,649,700 and KRW 25,299,400 for the first intermediate payment and KRW 12,649,700.

B. According to the instant supply contract, the agreement was concluded to pay KRW 75,898,200 of the total supply price as “interest-free loan” for KRW 75,898,200, and the remainder 25,299,400 was agreed to pay the occupancy price (However, the payment date of the remainder is determined to be designated and notified by the Plaintiff within seven days from the completion date) and the Defendant’s payment delay of the part payment and the remainder was determined to pay the remainder by adding the overdue rate of KRW 15% per annum.

C. On April 8, 2019, the Defendant acquired C’s contractual status under the instant supply contract with the Plaintiff’s consent.

With respect to the instant real estate, the approval for use was granted on October 24, 2019, and on November 4, 2019, the registration for preservation of ownership was made in the name of the Plaintiff.

E. On November 19, 2019, the Plaintiff notified the Defendant that the unpaid amount under the instant supply contract should be paid by November 21, 2019, but the Defendant did not pay it.

[Grounds for recognition] Each entry of Gap 1 through 6 (including paper numbers), and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion is liable to pay to the Plaintiff the Plaintiff the sum of KRW 101,947,30,00 in the first intermediate payment, KRW 749,70 in the second intermediate payment and the remainder, KRW 101,197,60 in the supply contract of this case, and delay damages.

B. (1) Under the supply contract of this case, the Plaintiff arranged to obtain a loan in the name of the Defendant as security against the second intermediate payment of KRW 75,898,200, and made a registration of the instant real estate in the name of the Defendant.

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