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(영문) 서울고등법원 2017.06.23 2016나7878
약정금
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall pay to the plaintiff KRW 183,00,000 and its amount shall be from May 1, 2010.

Reasons

Recognizing facts, the following facts do not conflict between the parties, or are recognized by comprehensively considering the overall purport of the arguments in Gap evidence Nos. 1, 2, and 5 (including serial numbers; hereinafter the same shall apply).

[1] C Co., Ltd. (hereinafter “C”) is a company engaged in the manufacture, sale, etc. of a melting wire network.

The plaintiff actually operated C, and D is the plaintiff's spouse, who was registered as the representative director of C.

On April 30, 2010, the Plaintiff and the Defendant agreed to transfer to KRW 185,00,000 of the bonds and equipment listed in the separate Ma1 C Facilities List (hereinafter referred to as the “facilities of this case”) and the entire shares issued by C within the Defendant’s factory (hereinafter referred to as the “instant factory”) located in Seocheon City F (hereinafter referred to as the “instant factory”) in attached Form 1 to the Defendant at KRW 185,00,000, and the down payment of KRW 20,000 shall be paid on the date of the contract, and the remainder of KRW 165,00,000,000

5. A contract to be paid on 15.15 (hereinafter “instant transfer contract”) was concluded.

On April 30, 2010, the date of entering into the transfer contract of this case, the Plaintiff received KRW 20,000,000 from the Defendant, and at the time of entering into the transfer contract of this case, the written contract (attached Form 1) written is as stated.

[2] If the Plaintiff and the Defendant did not pay any balance to the Plaintiff by the payment date of the balance, etc., the Plaintiff and the Defendant did not perform the instant transfer contract, and around May 2010, the Plaintiff and the Defendant agreed to provide the Plaintiff with the equipment of this case as collateral (attached Form 2) with the amount of KRW 183,000,000, total of KRW 183,000,000, and the amount of KRW 183,000,000 until September 30, 2010. The above interest shall be paid from May 1, 2010 to KRW 183,00,00 and the amount of interest calculated at the rate of KRW 0.7% per month from May 1, 2010 to secure the said monetary obligation.

The Defendant received the instant plant and its equipment from the Plaintiff immediately after the instant transfer contract, and on October 18, 2010, C.

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