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(영문) 대구지방법원서부지원 2016.07.12 2014가단26174

매매대금반환

Text

1. The Defendant’s KRW 92,950,000 for the Plaintiff and the following: 20% per annum from September 28, 2014 to September 30, 2015.

Reasons

On July 27, 2012, the Plaintiff entered into a sales contract (hereinafter “the instant sales contract”) with the Defendant to purchase C Excavation Search Period (hereinafter “C”) in the amount of KRW 46 million (excluding value-added tax) and D Excavation Search Period (hereinafter “C”) in the amount of KRW 38.5 million (excluding value-added tax).

With respect to the sales contract of this case, attached Form 1 to the First Twitman

1. Written notes and attached Form 2 with regard to the searcher;

2. There are various descriptions as indicated in the statement (hereinafter “each letter of this case”). The upper part includes the type, type, vehicle number, etc., and the main part of the main text prints out a printed letter stating that the transferor is responsible for and resolving all debts, such as mortgage, seizure, penalty, etc. on the cater, and the lower part is written as the Defendant’s address, name, and resident registration number, and the Defendant’s seal impression is affixed on the Defendant’s name side.

According to the instant sales contract, the Plaintiff paid 9,2950,000 won, including value-added tax, to the Defendant on the day of the contract, including KRW 50,66 million, and KRW 4,2350,000,000,000,000,000,000 to the Defendant. Around that time, the Plaintiff received delivery of

On December 13, 201, the transfer of the sales contract of this case on the 1st digging machines, the registration of creation of collateral security, which caused the bond value of 130 million won in the future of the EF Savings Bank, was completed on December 13, 201, and on May 14, 2012.

On October 30, 2013, EF Savings Bank received an order to deliver construction machinery before filing a request for auction from the Daegu District Court Branch E on October 30, 2013, and executed an order to deliver the construction machinery on November 12, 2013, and thereafter, on November 20, 2014, the registration of ownership change was completed in the name of G in the procedure of voluntary auction of construction machinery in the same court.

On May 18, 201, the transfer of the instant sales contract with respect to the 2nd excavation season, five other construction machinery in the name of the 2nd credit union on the net Japan Credit Union on May 18, 201, shall be 50,000,000 won as joint collateral.