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(영문) 대전지방법원 2019.08.29 2017가단206196
추심금
Text

1. The Defendant’s KRW 8,977,948 as well as the Plaintiff’s annual rate of 5% from April 4, 2017 to August 29, 2019, and the following.

Reasons

1. Facts of recognition;

A. The status limited liability company D (hereinafter “D”) is a corporation established for the purpose of construction business, etc.

The defendant is a corporation established for the purpose of real estate rental business, civil engineering, construction business, etc., E (hereinafter referred to as "E") for the purpose of new construction, lease, sale, etc. of real estate.

F is the directors, and G are the representative director.

H is the inside director and the representative director of the defendant company E.

B. 1) The Defendant and E (hereinafter referred to as “Defendant”) are the sales agency contracts between D and the Defendant.

The building of this case hereinafter referred to as the “instant building”) shall be the Lives Complex Building in Daejeon P, J, and K.

(2) On December 10, 2014, the Defendant side and the instant building (hereinafter referred to as “instant commercial building”) performed and performed a new construction, and F and G are the neighborhood living facilities among the instant buildings.

(1) As to the sale and purchase contract and sale agency contract (hereinafter referred to as “the primary contract”) entered into with the following terms:

F) F, G and Defendant side will make a sales contract for the instant commercial building as follows: - Contract amount: KRW 11 billion: KRW 300 million in the first place of business (payment on December 10, 2014), KRW 400 million in the second place of business (payment on January 10, 2015), KRW 300 million in the third place of business (payment on February 10, 2015): The Defendant side will pay the interest on a loan at the Bank until completion, and thereafter F and G will be paid.

-The remaining amount: It shall be paid after settlement of accounts within three months after completion, excluding down payment, intermediate payment, and sales proceeds deposited on the defendant side;

Matters of special agreement

1. In the event that the unsold commercial buildings should not be registered before transfer, the sales contract amount and the security deposit for sale shall be given up all the amount deposited to the defendant's side without any condition;

2. The defendant's side is to recognize the sale price determined by F and G, and the change of the contractor's name by commercial room F and G at the request of F and G.

3. (for example), the total sale price by F and G shall be the sum.

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