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(영문) 인천지방법원부천지원 2016.10.12 2016가단101831
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 80,832,00 and the interest rate of KRW 15% per annum from December 22, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On December 9, 2008, the Plaintiff completed the stone construction work among the new construction of aggregate buildings listed in the separate sheet (hereinafter “A”), among the new construction of the aggregate buildings listed in the separate sheet (hereinafter “A”), but was not paid the construction cost (hereinafter “this case’s construction cost claim”).

Accordingly, the Plaintiff filed an application for payment order (Sacheon District Court 2009 tea10440) seeking the payment of the above construction cost with the Sungsan Comprehensive Construction Co., Ltd. and the Berne Industry Development Co., Ltd. as the debtor, and exercised the lien without possession of No. 102 of the above A (hereinafter “the building of this case”).

On July 14, 2009, the Incheon District Court issued a payment order to the effect that "the debtor (a debtor corporation, a corporation of Sungsan Comprehensive Construction, and a corporation of the besan Industry Development) shall jointly and severally pay 202,080,000 won to the creditor (the plaintiff) at the rate of 20% per annum from July 21, 2009 to the day of full payment, and damages for delay and expenses for demand procedure." The payment order became final and conclusive around that time.

B. On March 3, 2011, the Plaintiff entered into a bonds transfer and takeover contract (hereinafter “instant bonds transfer and takeover contract”) with B as follows.

A In transferring or taking over the construction cost claims owned by the Plaintiff to B, agree as follows:

Article 2 (Effect of Assignment of Claim) (Effect of Assignment of Claim) The effect of the assignment of claim takes effect on condition of cancellation that the balance of claim is not paid by the date on which B is promised. However, the plaintiff may not terminate the assignment of claim of this case for any reason before paying

(2) The remainder of KRW 12,00,000 shall be the remainder of KRW 121,00 and KRW 50 shall be the remainder within 2 months from the date on which B received the successful bid for the above A and transferred its ownership for a public sale, and within 2 months from the date on which 50% was paid.

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