(영문) 서울동부지방법원 2014.06.27 2013가합16280

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(영문) 서울동부지방법원 2014.06.27 2013가합16280

추심금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C, around October 2006, subcontracted to the Defendant the termination work cost of KRW 675,00,000 for the construction work except for the civil engineering work among the new construction work for the land-based electric source housing outside Gyeonggi-gun and four parcels of land. In order to raise funds necessary for the said new construction work, C borrowed KRW 100,000,000 from the Defendant on November 7, 19 of the same year, and KRW 20,000,000 on December 6 of the same year, respectively, and KRW 10,000,000 on January 16, 2007.

B. (1) On September 208, 2008, the Defendant demanded C to make a provisional registration in the name of the Defendant with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”), and C to transfer the right to claim ownership transfer registration in the name of the Plaintiff, which was made for the instant real estate to the Defendant in order to secure the obligation to pay the construction cost of approximately KRW 420,000,000,000.

(2) In the process, on September 3, 2008, C promised on September 3, 2008, the Defendant to pay the amount of construction cost, etc. by January 15, 2009, and to implement the provisional registration established on the instant real estate with the principal registration in the event that the full payment is not possible by the above deadline: Provided, That on January 15, 2009, C issued a letter of commitment to settle the accounts with the Defendant on October 30, 2008, and also made an agreement with the following content (hereinafter “instant agreement”):

(A) “A” and “B” refer to the Defendant respectively). 1. A shall settle the debt amount of B later.

A provisional registration is to be made as a principal registration if a debt cannot be repaid by January 15, 2009.

2. A will complete all this construction until December 31, 2008.

3. On January 2009, since the end of the year and the Gu administration of January 2009, it is difficult to lend and sell bank loans, and thus, the two parties agree to extend the date of this registration once.

4.B shall be added to the new building of Hongcheon-gun E, if Party A is unable to implement any of its commitments.

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