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(영문) 서울고등법원 2018.07.18 2017나2018727

양수금

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant shall pay to the plaintiff KRW 698,651,550 and the defendant shall pay to the plaintiff.

Reasons

1. On March 8, 2012, the Plaintiff is a company located in Ansan-si Group C (hereinafter “instant building”) 632, an apartment-type factory, and is preparing for the operation and business of the factory. Co-Defendant A (hereinafter “A”) of the first instance court is the husband of E, the business owner of the printing company located in 630 (hereinafter each store of the instant building referred to as “D”) in the instant building (hereinafter referred to as “each store of the instant building”), who is the business owner of the printing company located in 632, and the Defendant purchased 632 from Pakistan-si Co., Ltd., Ltd. (hereinafter “Pama”) on November 9, 2012 and completed the registration of ownership transfer on December 7, 2012, and is the lessor and the owner of the previous lessee as defined in 632, who concluded a lease agreement with the Plaintiff.

On February 20, 2012, the Plaintiff entered into a sales contract with the instant Japanese company on February 20, 2012 (hereinafter “instant facilities”), which provides that the Plaintiff shall pay 164,750,000 UN for three years in the form of monthly rent, and that the Plaintiff shall acquire ownership of the instant facilities (hereinafter “instant sales contract”), and thereafter keep the instant facilities in the form of 632.

Article 1 of the Rules on Contracts for Sales of this case provides for the risk bearing of the equipment of this case as follows.

Article 1 (Delivery) (Delivery) of the Rules on Contracts for Sales (No. 1)

1. The seller shall deliver the subject facilities to the buyer at such time as may be agreed upon by the separate bilateral parties before the date of delivery, and the buyer shall deliver the subject facilities at the time of delivery at the place of delivery.

2. The risk burden of the facility at issue shall be transferred to the buyer in turn from the seller on the assumption that the ownership is at the time of delivery set out in the preceding paragraph, at the time of payment (consultation) and on the premise that the sale price is late.

The fire of this case.