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의정부지방법원고양지원 2019.09.25 2019가단73266
추심금
Text

1. The Defendant’s KRW 125,624,109 as well as the Plaintiff’s annual rate from March 7, 2019 to September 25, 2019, and the following.

Reasons

1. The Plaintiff was sentenced to the Seoul Southern District Court Decision 2018Gadan217572, “C and D (hereinafter “D”) jointly and severally pay to the Plaintiff 92 million won and 20% interest per annum from March 9, 2017 to the day of full payment.”

After the judgment became final and conclusive, the Plaintiff, based on the above judgment, as the creditor, C, and C, and C, and C, and C, and D, as Defendant on January 29, 2019, were to perform a new construction work with four generations “YYYY, E, F, G, and H 4 parcels” (hereinafter “instant construction work”), and received a collection order for the amount until the claim amount of KRW 125,624,109, out of the construction cost claims to be paid by the Defendant, and this order was served on the Defendant on February 1, 2019.

On the other hand, on December 2, 2016, the provisional registration of the right to claim ownership transfer in the name D (hereinafter “the provisional registration of this case”) was completed on December 2, 2016 with respect to the land size of 490 square meters in Yeongdeungpo-gu E-gu, Chungcheongnam-gu, Young-gu, Seoul.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings

2. Determination:

A. The facts that C and the Defendant agreed on April 19, 2017 to terminate all contracts related to the instant project and terminate all contractual rights en bloc, and determine and settle C’s input amount (126,00,000 won) as the sale price in the future (hereinafter “instant agreement”) may be recognized either as a dispute between the parties or by adding up the purport of the entire pleadings to the statement in the evidence No. 3.

Therefore, the Defendant calculated the amount of KRW 125,624,109 and the amount of KRW 125,624,109 with respect thereto at the rate of 5% per annum under the Civil Act from March 7, 2019 to September 25, 2019, which is the date the Plaintiff seeks from March 7, 2019, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.