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(영문) 수원지방법원 2017.06.15 2016가합76547

추심금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Article 4 (Time and Amount of Payment for Acquisition Price) “B” of the Basic Facts must pay to “A” (the Defendant) the acquisition price by transfer in the following manner:

Down Payment: Amount of KRW 1,00,000 (gold KRW 1,00,00,000) shall be certified after the completion of the instant contract, and immediately after the completion of the registration of ownership transfer to the registry, “B” shall be paid as down payment to “A” in the form of a down payment.

B. Balance: KRW 479,115,529 (1) After completion of all kinds of confirmation or cooperative matters set forth in this Agreement from the purchase price set forth in Article 3, the acquisition price must also be paid to “A” after deducting the down payment and all kinds of deductions under this Agreement from the purchase price set forth in this Agreement.

(2) Provided, That if the amount of deduction is not verified until two months elapse or the deduction procedure, etc. is not completed and thus the days need to be added, the period shall be extended to a reasonable extent.

(3) Any balance of KRW 479,115,529, which is settled on the basis of a detailed statement of obligation as stated in attached Table 10, stating the items to be deducted from the purchase price, shall be estimated at the time of conclusion of this contract, and if the items and amount to be deducted are to be changed, the settlement shall be

On June 11, 2015, the Defendant entered into a contract on the acquisition of land, building, machinery and apparatus, corporeal movables, and the authorization and permission right, etc. (including value-added tax) for operating a slaughter business from Sym Farming Co., Ltd. (hereinafter “Sym Livestock”), from Sym Farming Co., Ltd. (hereinafter “Sym Farming”), to KRW 13,475,000 (hereinafter “instant transfer contract”).

With respect to the payment of the transfer contract of this case, the Defendant paid KRW 1,00,000,00 as the down payment to the Swey Livestock Industry, and accepted KRW 11,95,84,471 as the obligation of the Swey Livestock Industry, and paid KRW 479,115,529 as the remainder.