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(영문) 창원지방법원 2017.01.25 2016가합51651

계약금반환

Text

1. The Defendant: (a) KRW 210,00,000 for the Plaintiff and 5% per annum from January 1, 2016 to January 25, 2017; and (b) the Plaintiff.

Reasons

A. The Defendant’s letter of public disturbance (hereinafter “each of the instant letters”) was written in a computer, and D, upon delegation by the Defendant, affixed the Defendant’s seal on the seller’s column in front of the Defendant.

In each letter, the name of the seller: (Person): The name of the buyer: (Person) resident number: Address: the seller prevents the buyer from continuously performing his/her obligation to pay the balance due to his/her inheritance dispute, and thus, the seller entered the name of the buyer up to November 30, 2015 as the defendant directly pays the balance.

The balance may be settled by resolving the share problem of the penalty portion.

However, if the promise is not implemented by 2015, it is known that the horizontal contract, which was concluded on the 20th day of 20 years, is established as this contract.

When this contract is concluded, the daily horizontal contract deposit of 20 years (150,000,000 won) shall be the normal contract deposit.

On January 2015 * Seller's seal affixed

F. On December 7, 2015, the Plaintiff notified the Defendant of the remainder payment and the cancellation of each of the instant provisional dispositions and the implementation of the procedures for ownership transfer registration by December 28, 2015. If the Plaintiff did not provide the required documents for the cancellation of each of the instant provisional dispositions and the complete transfer of ownership, the Plaintiff notified the Defendant that the instant sales would be automatically rescinded.

G. Upon filing the instant lawsuit on April 27, 2016, the Plaintiff completed the disturbance of each of the instant notes as follows and submitted as evidence No. 2-1. As to this, the Defendant filed a complaint against the Plaintiff’s intra-company director E as the crime of forging and uttering private documents, but the competent prosecutor’s office rendered a disposition that the Plaintiff was not suspected of being guilty of having failed to prove evidence on November 30, 2016.

In each letter, the name of the seller: B (person) resident number: F address at Kimhae-si: The name of the G buyer: H address: H address at Kimhae-si and the seller at No. 302 shall pay the balance due to his/her inheritance dispute.