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(영문) 대전지방법원서산지원 2015.01.16 2013가단15663

약정금

Text

1. The plaintiff's main claim is dismissed.

2. Defendant B: (a) KRW 100,000,000 for the Plaintiff and its related expenses on January 7, 2014.

Reasons

1. Facts of recognition;

A. On September 6, 2012, the Plaintiff entered into a transfer contract under the following (hereinafter “instant contract”) with Defendant B, the representative director of Defendant C, and Nonparty D’s representative E mediated this.

The main contents of the instant contract are as follows.

The transferor's address A: The name of Chuncheon-si, Gangwon-do: C Corporation number: G representative director: The address of B transferee: The H resident number at Chungcheongnam-si: I representative director: The following contracts shall be concluded in transferring the total stocks of the construction business license and the corporation by an agreement between the above parties:

Article 1:1:1) As of the date of transfer and acquisition, all outstanding shares are transferred to B with the consent of all shareholders as of the date of transfer and acquisition.2) The total number of shares of 215,000 shares owned by A and corporate entity 3) the license for construction business: K 1) the license for construction business: the account books of transfer and acquisition are excluded.

(2) All equipment, tools, and fixtures leased by A, and property owned by A shall be excluded.

7) Article 2 of the detailed statement of the Financial Cooperative to be transferred by A to B: The transfer price shall be KRW 1,100,000,000. Article 3: A shall pay KRW 100,000,000 as contract deposit at the same time as the contract is concluded.

2 The balance of KRW 1 billion shall be paid up to September 20, 2012, and Party A shall deliver the documents under Article 5 to Party B simultaneously with the receipt of the balance.

Article 8:In the event that Party A fails to fulfill this contract due to a breach of a mutual agreement, the amount of the down payment received from Party B shall be compensated for, and in the event that Party B fails to fulfill, this contract shall be null and void, and the down payment shall revert

-Matters of special agreement - the remaining date

9. 20. A shall provide B with transfer documents after settling any balance remaining after the receipt of advance payment for a construction work.

-unscheduled start works: Construction site in Gangwon-do - Construction cost: approximately 6.1 billion (including gold) - Predetermined start works: September 10, 2012;