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(영문) 창원지방법원통영지원 2019.01.08 2018가단25068

매매대금

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 4,00,000 and KRW 1,000,000 among them, the Defendant (Counterclaim Defendant) shall have the effect on October 5, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. In fact, Plaintiff B: The purpose of this Agreement is to acquire all rights and obligations concerning the commercial buildings and the real estate lease business operated by Defendant A, as well as the purpose of this Agreement.

Article 2 (Succession to Business) A shall succeed to the business in respect of the deposit and rent for commercial buildings and their rents as of the date of business transfer.

Provided, That the whole taxes and public charges (including national taxes and local taxes) incurred before the date of business acquisition shall be responsible for A.

Article 3 (Transfer and Receipt Assets and Record Date) The total transfer and takeover amount shall be KRW 95,000,000 (Won 95,000,000).

The base date shall be August 4, 2017, and A shall transfer the registration of a commercial building to B immediately after deposit confirmation.

Provided, That A shall report business transfer and report business closure at the competent tax office within 30 days.

Article 4 (Payment of Price for Transfer by Transfer) shall be calculated and paid from the total amount of transfer or acquisition to A, excluding rental deposits, in accordance with the provisions of Article 3.

If a balance payment is not made within the commitment period, A may cancel the contract, and B waives 10 million won (Won 10,000,000) a down payment day.

On August 4, 2017, the Plaintiff entered into a comprehensive business transfer and takeover agreement (hereinafter “instant agreement”) with the Defendant with respect to the business of the said ice store, while operating the ice store in the name of “E store” in the Cbuilding D (hereinafter “instant commercial building”).

B. At the time of entering into the instant contract, the Defendant paid the Plaintiff KRW 95 million out of the transfer price of KRW 95 million as stipulated in the said contract, and operated Asck forest by being transferred from the Plaintiff and operating the instant commercial building.

C. At the time of the conclusion of the instant contract, the Plaintiff and the Defendant each month with respect to the remainder of KRW 5 million, excluding the remainder of KRW 95 million among the transfer price of KRW 95 million, over five months.