전부금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. On June 5, 2012, the Intervenor joining the Plaintiff (hereinafter “ Intervenor”) entered into a sales contract with the Defendant to pay each of the intermediate payment of KRW 50 million on June 20, 2012 and the balance of KRW 800 million on September 15, 2012 (hereinafter “instant sales contract”). The main content of the contract is as follows. < Amended by Presidential Decree No. 23868, Jun. 20, 2012; Presidential Decree No. 23568, Jun. 20, 2012; Presidential Decree No. 23688, Jul. 30, 2012; Presidential Decree No. 23748, Sep. 15, 2012; Presidential Decree No. 23720, Jun. 20, 2012>
Article 2 of the Terms and Conditions of the Contracts, the defendant shall receive any balance of the purchase price, at the same time, deliver all documents necessary for the registration of transfer of ownership to the intervenors, cooperate in the registration procedure, and at the same time, allow the intervenors to move into the above factory building for the installation of machinery and equipment.
Article 5 In the event that the defendant or intervenor fails to perform any obligation under this Agreement, one of the parties to the contract shall notify the other party who has defaulted his/her obligation in writing, and if he/she has failed to perform it, the contract may be rescinded. In such cases, when the defendant's negligence is cancelled, the contract deposit shall be repaid, and if the intervenor fails to approve the balance even after the expiration of the payment date of the balance, the contract
Matters of special agreement
1. The defendant shall simultaneously with the contract, issue documents necessary for the application for establishment to the plaintiff.
According to the above sales contract, the intervenor paid the Defendant the sum of KRW 120 million in the intermediate payment of KRW 50 million on June 5, 2012, KRW 30 million on June 28, 2012, and KRW 40 million on September 5, 2012.
On the other hand, on June 20, 2013, the intervenor issued and delivered to the plaintiff a promissory note with the face value of KRW 120 million and the due date of payment on June 25, 2013, with a notarial deed containing the purport of recognizing compulsory execution (No. 380 of the certificate of the General Law Office of Law, No. 2013).
The plaintiff made the above notarial deed.