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(영문) 대구지방법원서부지원 2016.11.11 2016가합51362

부당이득반환청구 등

Text

1. The Defendant’s KRW 125,079,80 for the Plaintiff and KRW 5% per annum from November 3, 2015 to November 11, 2016.

Reasons

1. Basic facts

A. Conclusion of the instant sales contract

(1) On July 4, 1985, the Plaintiff was a company established for the purpose of the business of manufacturing the structural frame, etc., and is divided into a pelpel paper production factory that produces the structural frame and a package production factory that produces the structural frame and packaging boxes using the main source. On April 2014, the Plaintiff was scheduled to extend and transfer packaging production factories to the 2nd general industrial complex in order to enhance the competitiveness of the product price of the product, and to cover 90% of the purchase price of the necessary land from the Korea Development Bank with loans from the Korea Development Bank.

D. On January 7, 2015, the Plaintiff agreed to sell the sale price at KRW 10,656,892,410 of Sungju 2 General Industrial Complex A-2 site for industrial facilities (hereinafter “instant land”) from the Defendant as follows (hereinafter “instant sale contract”). On the date of the contract, the Plaintiff paid the Defendant the down payment of KRW 1,065,689,240 on the date of the contract.

Article 1 (Sales Price and Payment Method) ① The defendant shall pay the down payment of KRW 1,065,689,240 (10%) out of the sale price on the contract date, and the first intermediate payment of KRW 3,197,067,720 (30%) up to July 6, 2015, and the second intermediate payment of KRW 3,197,067,720 (30%) up to January 6, 2016, the remainder of KRW 3,197,067,720 (30%) shall be paid at the time of completion ( separate notice).

Article 2 (Compensation for Delay) (1) When a plaintiff fails to pay the purchase price on the date of a payment agreement, he/she shall pay to the defendant a delay compensation calculated by applying the interest rate of 12% per annum on the delinquent

Article 4 (Area Standard and Settlement) (1) Since the area of the relevant target site is divided provisionally, a finalized survey after completion of an industrial complex may be conducted, and there may be an increase or decrease in the area as a result of adjustment of cadastral records, and since the sale price is estimated development cost, it shall be adjusted later based on the total project cost actually invested

Article 7 (Loss of Benefit of Time) (1) The defendant shall be as follows: