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(영문) 의정부지방법원 고양지원 2018.09.05 2018가단80847
양수금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On April 9, 2007, D sold to Defendant B at KRW 330 million G building 501 located in Soyang-gu E and F (hereinafter “instant commercial building”) in Goyang-gu E and Suyang-gu (hereinafter “instant commercial building”), and completed the registration of ownership transfer of the said commercial building with the payment of KRW 200 million in total the down payment and the intermediate payment on the day, and completed the registration of ownership transfer of the said commercial building with the remainder of KRW 130 million.

5.30. 30. For the same year

6. 30. 50 million won, each for the same year.

8. 31.30 million won agreed to be paid in installments over three occasions.

B. After completing the registration of ownership transfer of the instant commercial building on the date of the contract by Defendant B, Defendant B, the representative director of the instant commercial building, was the debtor, and paid KRW 200 million to D with the establishment of the right to collateral security at the National Federation of Fisheries Cooperatives.

C. On April 25, 2007, Defendant B created a collateral on the commercial building of this case with the maximum debt amount of KRW 150 million in order to secure the performance of the remainder obligation to D on April 25, 2007.

As Defendant B failed to pay any balance thereafter, on January 18, 2008, the Defendant C, a husband and a director of the non-party company, and agreed to pay KRW 9 million (6 months from August 2007 to January 2008) to D by converting damages from delay of payment of the remainder into the rent of KRW 1.5 million per month.

E. On April 1, 2008, Defendant B and the non-party company failed to perform the above loan obligation, the voluntary auction was initiated on the instant commercial building (hereinafter “instant auction”) and around March 26, 2009, J acquired the ownership by winning a successful bid for the said commercial building.

F. On April 22, 2008, as the Defendants did not pay not only the balance even thereafter, but also the said nine million won, the Defendants prepared a written statement stating that “The remainder of KRW 130 million and the compensation for delay amounting to KRW 1.5 million shall be paid from August 2007 to the date of full payment, even if the instant commercial building was sold to another person.”

G. D. The Plaintiff on April 18, 2018.

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