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(영문) 부산지방법원 동부지원 2018.01.31 2017가단10819
양수금
Text

1. The defendant shall pay KRW 67,178,082 to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. C Co., Ltd.: (a) concluded a sales contract with Defendant Co., Ltd. (the foregoing company was merged with Defendant Co., Ltd. on November 24, 2015; hereinafter referred to as “Defendant Co., Ltd”; (b) to sell 1/2 equity (hereinafter referred to as “each of the instant equity interests”; and (c) to sell each of the instant equity interests (hereinafter referred to as “each of the instant equity interests”) out of 50,380 square meters of forest land E and forest and 3305 square meters of forest land (hereinafter referred to as “each of the instant real estate”) in Kimhae-si; and (d) on February 1, 2013, with the payment of the Defendant Co., Ltd. as KRW 1.6 billion and the intermediate payment as KRW 510,000,000,000 and the remainder as KRW 900,000.

B. Of the instant contract, the special agreement provides that “The remainder amount shall be KRW 900 million after the buyer obtained waste permission, and the buyer shall be paid KRW 900,000 after receiving the loan from the financial right.”

C. As to each of the instant real estates, on May 2, 2013, the maximum debt amount was KRW 900,000,000,000,000,000,000,000,000,000,000,000 won

G completed on April 2, 2015, the registration of transfer of the right holder G with the right to each of the above collateral security and its secured claims transferred from C. D.

On August 7, 2017, Defendant Company paid the balance of 800 million won to G, thereby paying the principal of the purchase price.

E. The Plaintiff received from G on August 7, 2017 a claim for the overdue interest calculated at the rate of 5% per annum from September 9, 2015 to August 7, 2017 regarding the remainder claim of 800 million won under the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 10 and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the Defendant Company was obligated to pay interest in arrears at a rate of 5% per annum pursuant to the Civil Act from the next day to August 7, 2017 when the Defendant Company paid the remainder of 800 million won, since it obtained permission for waste permission stipulated in the terms and conditions of the instant contract on September 8, 2015.

As to this, the defendant company is the contract of this case.

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