logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.01 2015가단37892 (1)
채권자대위에 의한 매매대금 반환
Text

The defendant shall pay to the plaintiff KRW 130,000,000 as well as 5% per annum from January 4, 2013 to March 12, 2015, and the next day.

Reasons

1. Facts of recognition;

A. On August 10, 2010, the Plaintiff requested C to lend KRW 200,000 from C for three months, and paid KRW 190,000,000 after deducting the prior interest from KRW 10,000.

B. The Plaintiff filed an application against C for the payment order for the above loan amounting to KRW 200 million. In the related lawsuit (Seoul High Court 2015Na15438), the Plaintiff was sentenced to the judgment that “C shall pay to the Plaintiff the agreed interest or delay damages from February 11, 2014, and the said judgment became final and conclusive.”

C. On January 3, 2013, C entered into a sales contract with the Defendant to sell KRW 220 million (Provided, That the seller under the contract shall be the Plaintiff; hereinafter “instant sales contract”) of KRW 14,730,000,000,000 (hereinafter “instant land”) to the Defendant on the date of payment and the date of transfer of ownership, which is owned by the Plaintiff (hereinafter “instant land”). On the same day, C completed the registration of transfer of ownership based on the said transaction on the same day, but did not receive KRW 130,00,000,000 out of the remainder.

C does not have any property other than the above sales price claim as of the date of closing the argument in this case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 5, 9, Gap evidence 12-1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff has a claim for loans of KRW 200 million against C, and C has a claim for the purchase price of KRW 130 million against the Defendant. Since C is insolvent at present, the Defendant calculated at the rate of each of the annual rates prescribed by the Civil Act from January 4, 2013 to March 12, 2015, the date of delivery of a copy of the complaint of this case from January 4, 2013 to March 12, 2015, which is clear as the date of payment of the purchase price, to the Plaintiff seeking subrogation of C, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

arrow