(영문) 울산지방법원 2014.04.30 2013가단11422

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(영문) 울산지방법원 2014.04.30 2013가단11422

약정금

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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be.

Reasons

The main claim shall be judged together.

1. The following facts are recognized by the entry of evidence No. 3, unless there is a dispute between the Parties or by the entry of evidence No. 3:

A. Nonparty C ordered the instant construction to the G Co., Ltd. (hereinafter “G”) as the owner of the building of the building of the Ulsan-gun, Ulsan-gun, E, and the F-family house (hereinafter “instant construction”).

B. On November 15, 2009, H, the agent of G, awarded a subcontract for the termination of the instant construction work to the Plaintiff at KRW 60,000,000, and on January 3, 2010, for the Defendant, KRW 160,000,00, respectively, and the original Defendant was not paid the construction cost even after completion of each construction work.

C. On February 16, 201, the Defendant concluded a sales contract with Ulsan-gun, Ulsan-gun, 401 (hereinafter “instant building”) with C to KRW 220,00,000,00 following the completion of the registration of ownership transfer of the instant building in the future of the Defendant, the Defendant created a right to collateral security of KRW 280,000,000 on the instant building and transferred the said money to C with the loan of KRW 160,00,000 (hereinafter “the instant loan”), and C transferred KRW 77,758,000 on the Defendant’s account.

E. On February 17, 2011, the Defendant transferred KRW 25,000,000 to the Plaintiff’s account.

2. The parties' assertion

A. On November 2010, the Plaintiff and the Defendant agreed to transfer ownership of the instant building in lieu of the construction price unpaid by C from the Plaintiff and the Defendant (hereinafter “instant accord and satisfaction agreement”).

After February 201, the Plaintiff and the Defendant completed the registration of ownership transfer in the future of the instant building pursuant to the instant accord and satisfaction agreement, but agreed to pay KRW 60,000,000 to the Plaintiff’s construction cost when the Defendant sold the instant building or received a loan with it (hereinafter “instant settlement agreement”).

Since then, the defendant received the loan of this case.

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