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(영문) 광주지방법원순천지원 2014.10.08 2012가합762
양수금
Text

1. Defendant B’s KRW 900,000,000 as well as 5% per annum from December 1, 201 to October 8, 2014, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. A. Around August 20, 2009, D indicated as follows: (a) with Defendant B on the real estate listed in the attached Table 1 (hereinafter “instant hospital site”); (b) construction cost of KRW 7 billion (including value-added tax) and the construction period of the construction contract from August 20, 2009 to May 31, 2010; (c) however, it is reasonable to deem that the date of commencement of construction work is a clerical error in the construction contract, in light of the fact that the date of commencement of construction work falls on August 20, 2009.”

Until now, the construction contract was concluded.

[The above construction cost has been increased respectively by KRW 7.15 billion on December 5, 2009 (including value-added tax) and KRW 7.52 billion on April 7, 2010 (including value-added tax)].

From May 15, 2009 to May 20, 2010, Defendant B borrowed a total of KRW 2.1 billion from Japan F and used it as the construction cost of this case. At the time, Defendant C was acting as F’s agent.

On July 23, 2010, in order to secure the above loan obligation, Defendant B completed the registration of the right to claim transfer of ownership in the name of Defendant C with respect to the instant hospital site, and on August 2, 2010, Defendant C and C agreed to complete the principal registration procedure based on the above provisional registration and transfer all the authority to the instant construction project, and transfer the name of the owner of the building and transfer the site to the construction site.

D also, in the same day between Defendant C and Defendant C, the instant construction was completed by October 31, 2010, and the instant construction was agreed to cooperate in the change of the owner’s name by giving up all rights related to the instant construction work and delivering the construction site to Defendant B and giving up the lien.

C. Defendant B did not pay the above loan by November 30, 2010, and D did not pay the construction payment on the ground that it did not pay the construction payment.

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