logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.11.08 2017가단1365
매매대금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 54,710,00 and the interest rate of KRW 15% per annum from January 21, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant is a company aimed at housing construction business, etc., and the subsidiary construction company (hereinafter “subsidiary construction company”) was changed to a subsidiary construction company on August 24, 2016; hereinafter “subsidiary construction company”) is a company aimed at indoor construction business, etc.

B. The Defendant entered into a contract for construction works with respect to the sub-construction and the sub-construction of the sub-construction and the sub-construction of the sub-construction and the sub-construction under the sub-construction under the sub-construction under the above contract.

Sub-construction entered into a subcontract with D Co., Ltd. (hereinafter referred to as “D”) with respect to the structural part of the instant apartment construction project contracted by the Defendant, among the new construction works of the instant apartment, and the sub-construction carried out the structural part of the said construction project in accordance with the said contract.

C. The defendant transferred part of the apartment in this case to the sub-construction as the substitute payment for the construction cost, and the sub-construction transferred to D the sub-construction as the substitute payment for the construction price among the apartment in this case, Nos. 101, 102, 104, 102, 1004, 102, 104, 102, 102, 102, 104, 103, 702, 103, 802, 104, 104, and 904, 104.

On April 24, 2014, the Defendant drafted a supply contract (Evidence A No. 2-2) with the purport that F, the spouse of E, who is the representative director of D, and the instant apartment (hereinafter “Plaintiff’s apartment”) purchased F, 101 and 1002 of the instant apartment (hereinafter “instant apartment”). On May 13, 2014, the Plaintiff succeeded to the rights and obligations arising from the sales contract for the instant Plaintiff’s apartment from F.

E. On June 23, 2014, the Plaintiff borrowed KRW 98.7 million from the Jeonbuk Bank Co., Ltd. (hereinafter “ Jeonbuk Bank”) to pay the intermediate payment out of the sales price of the Plaintiff’s apartment.

F. On November 4, 2015, the Plaintiff purchased the rights and obligations under the sales contract for the Plaintiff’s apartment complex in this case from G = KRW 170,320,000 = the sales price of KRW 164,50,000 for the purchase price.

arrow