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(영문) 전주지방법원정읍지원 2013.10.23 2012가합87

매매대금

Text

1. As to the real estate indicated in the separate sheet dated August 25, 201, by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. On August 25, 2011, the Plaintiff and the Defendant indicated in the separate sheet (hereinafter “instant real estate”) as to the real estate (hereinafter “instant real estate”) indicated in the separate sheet, the purchase price of which is KRW 790 million, and the down payment of KRW 80 million is KRW 60 million on the day of the contract, and the intermediate payment of KRW 60 million on the day of the contract.

9. The remainder of KRW 650 million shall be paid each on October 17, 198 of the same year, and KRW 400 million, out of the remainder, entered into a real estate sales contract with the Defendant’s intent to succeed to the Plaintiff’s obligation to loans to the North Bank (hereinafter “instant sales contract”), and the following special agreements were included therein:

1. To transfer or acquire all the Plaintiff’s stocks and real estate;

2. The defendant's obligation to secure the right to collateral security against the above real estate shall be acquired.

3. The remaining payment date may be advanced by mutual agreement.

4. The buyer may change the buyer by agreement;

5. Two list of the office fixtures and breakdowns in the factory shall be taken out by the plaintiff.

(1) At the time of the payment of the balance, the second head of the household and the first head of the factory and the first head of the household shall take over by the defendant).

7. It shall be transferred by transferring a container or a detached house within the same circuit;

B. According to the instant sales contract, the Defendant paid the Plaintiff the down payment of KRW 80 million on August 25, 201, and paid the intermediate payment of KRW 60 million on September 25, 201, but did not pay any balance when demanding the delivery of financial statements, etc. verifying the Plaintiff’s financial condition, etc. from October 17, 201, which is the remainder payment date.

C. As to this, the Plaintiff urged the Defendant to pay the remainder over three times on November 17, 201, November 25, 201, and December 12, 201 of the same year. The Defendant urged the Defendant to pay the remainder again on December 2, 2011, and at the same time until the 10th day of the same month.