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(영문) 광주지방법원해남지원 2014.12.18 2013가합3075

손해배상(기) 등

Text

1. The Defendant’s KRW 259,726,961 as well as the Plaintiff’s annual rate from May 30, 2013 to December 18, 2014, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operated a ready-mixed company in the name of “E” in the name of “E” in the land for factory of 1,040 square meters and D 469 square meters (hereinafter “instant land”). The Defendant is a person who operates a ready-mixed company in the vicinity of the instant land in the name of F and limited liability company G.

B. On February 9, 2012, the Plaintiff concluded a sales contract with the Defendant to remove facilities related to the manufacture of ready-mixed, such as wire ropes, accommodation, offices, and laboratories on the instant land, and sell the instant land in KRW 350 million to the Defendant on the condition that the business is discontinued, and the down payment amount of KRW 100 million was to be paid by March 9, 2012 on the date of the contract, and the remainder of KRW 250 million was to be paid by March 9, 2012 (hereinafter “instant sales contract”).

C. The main contents of the instant sales contract are as follows.

3. The Plaintiff received the full purchase price and, at the same time, performed the procedure for the registration of ownership transfer to the Defendant, and ordered and handed down the instant land.

6. In a case where the plaintiff has neglected the contract deposit, the defendant shall be paid a double the down payment with penalty, and when the defendant has neglected the contract deposit, the down payment shall be regarded as a penalty and the right to claim

The same shall also apply even after the commencement of the contract.

Special Agreements: Provided, That the current owner will operate by February 11, 2012.

Additional Matters: the present H Transport Vehicle is to be used by consultation.

(Observance of the agreed unit price). The Plaintiff will not install a ready-mixed factory within I after selling and will enter into this contract.

The Plaintiff received KRW 100 million as down payment from the Defendant on the day of the contract, and removed wire ropes, accommodation, office, machinery room, etc. installed on the instant land through J of the removal service business entity on February 25, 2012, but the Defendant did not dispose of some of the removal wastes, garbage, etc. after the removal of the facilities.