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(영문) 광주지방법원 2020.01.23 2018가합58573

대여금

Text

1. The Defendant (Counterclaim Plaintiff) and the Defendant jointly and severally file for KRW 220,000,000 with the Plaintiff (Counterclaim Defendant) and the same on October 2018.

Reasons

1. Basic facts

A. 1) The Plaintiff Company is a company aimed at operating solar power infrastructure and operation, and the Defendant Company is a company aimed at supporting such solar power generation. 2) Defendant E is the representative director of the Defendant Company (hereinafter “Defendant Company and Defendant E”) and the counter Defendant Company B (hereinafter “B”) and C Incorporated Company (hereinafter “C”) are the Plaintiff Company’s managers as the representative director.

B. On March 27, 2018, the Plaintiff Company and the counterclaim Defendant C entered into an agreement between the Defendant Company and the Plaintiff Company and the counterclaim Defendant, and the counterclaim Defendant C are Hongcheon-gun H (hereinafter “instant site”).

2) The sales contract to purchase the purchase price of eight billion won (hereinafter “instant previous sales contract”).

(2) On July 9, 2018, the Defendant Company entered into an agreement with the Plaintiff Company and the counterclaim Defendant to carry out IT complex energy creation projects, farming convergence complex creation projects, etc. (hereinafter “instant agreement”) on the instant project site (hereinafter “instant project”).

The part relating to the instant agreement relating to the instant case is as follows.

(A) The term “Defendant Company”, “B”, “B”, and “J” are subject to the Plaintiff Company). Article 4 (Succession, etc. to Contract for the Transfer of Provisional Registration for the Project Site in this case by “A”)

1. (1) “A” succeeds to the status of a buyer under the previous sales contract of this case in relation to the project site, and succeeds to the status of a buyer under the previous sales contract of this case, “A” and “A” and “B” shall pay KRW 200 million (including KRW 50 million on March 27, 2018, KRW 150 million on March 28, 2018, KRW 150 million on March 28, 2018, KRW 200,000 on which the seller of this project site was paid to “A” and “A” and shall be transferred the registration of the right to claim ownership transfer.

(2) Paragraph (1) shall apply.