계약금 반환 등 청구의 소
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
Basic Facts
On September 7, 2017, the Plaintiff decided to acquire the entire shares of the Defendant by combining the instant real estate D, E, and its ground buildings (hereinafter referred to as “instant real estate”) owned by the Defendant with the Defendant as a means of purchasing the entire shares of the Defendant; the purchase price shall be KRW 2.16 million; the purchase price shall be KRW 2.2 billion shall be paid as a down payment; the intermediate payment shall be KRW 200 million until September 29, 2017; the intermediate payment shall be paid as a down payment; the Plaintiff succeeds to the Defendant’s existing obligation to F Co., Ltd. (hereinafter referred to as “F Bank”) that offers the instant real estate as security; and shall pay KRW 1.6 billion as a balance.
(hereinafter “instant sales contract”). 【Matters under special agreement】
6.The present amount of the loan shall be KRW 900,000,000,000,000,000,000.
If the additional loan amount of KRW 500 million is known, this contract shall be null and void and shall be refunded in full.
7. The part payments shall take place at the same time as the succession of loans and the creation of additional loans, and shall succeed to the rights of a legal entity;
9. The repayment shall be made in installments not later than September 30, 2018, in the amount of KRW 516 million, excluding down payment and loans.
12. Any balance remaining 516 million won shall be the establishment key of a collateral security in the order of additional loans.
The Plaintiff and the Defendant entered into the following special agreements at the time of the instant sales contract:
On September 7, 2017, the Plaintiff paid the Defendant KRW 200,000,000 on September 15, 2017, KRW 45 million on September 15, 2017, KRW 14,778,150 on September 18, 2017, KRW 47 million on September 29, 2017, and KRW 18 billion on October 13, 2017.
On January 25, 2018, the registration of ownership transfer was completed in the G on the instant real estate.
[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply)
) Each entry and the purport of the entire pleadings) The interpretation of the legal doctrine related to the determination of the cause of the claim is clearly confirming the objective meaning that the parties gave to the act of indication, and is not subject to the used text.