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(영문) 서울고등법원 2014.11.20 2013나76064

계약금반환 등

Text

1.The part concerning the principal lawsuit and counterclaim of the judgment of the court of first instance shall be modified as follows:

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

. Each of the Defendant paid KRW 40,448,00 on the date of the contract, and KRW 100,000,000 on November 24, 201, respectively, as down payment, the sum of KRW 140,448,00 was paid to the Defendant.

2) The J explained that at the time of the instant sales contract, the Plaintiff can use the front end of the instant factory and may receive a loan from the Small and Medium Business Corporation at least 80% of the sales price, and the following agreement under the name of the “J as the representative of the E-building seller” (hereinafter “instant agreement”).

was drawn up.

The letter of agreement of this case

1. A partitions Corporation shall be established at least 75t of fire prevention teams;

2. When concluding a contract for sale in lots with the defendant, no discount below this contract shall be sold.

3. The funds for cooperation with the small and medium enterprise promotion corporation shall be financed by at least 80 percent of the total purchase price in the original unit;

5. After the registration, the tent Corporation shall be able to install a temporary building after obtaining a temporary building permit from Kimpo-si.

* Payment of the full down payment and of the director’s expenses will be made with the contract termination money in the event of the terms of this Agreement above.

3) The Plaintiff obtained permission from the Defendant on December 201, 201, and obtained the permission of the Defendant, and as indicated in attached Table 2, to the instant factory (hereinafter “instant tea”).

(C) On January 9, 2012, the Korea Technology Finance Corporation filed an application for provisional injunction against disposal on the ground that the right to claim restitution of fraudulent act is a preserved right on the entire building of E factories including the instant factory, and filed an application for provisional injunction against disposal on January 9, 2012, with respect to the entire building of E factories of the instant factory and E buildings (hereinafter “the instant provisional injunction registration”).

2. The Plaintiff’s business start-up business support fund to the Small and Medium Business Corporation for the payment of balance on January 31, 2012.