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(영문) 수원지방법원 2015.10.20 2014가단61094
매매대금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 87,319,627 against the Plaintiff (Counterclaim Defendant) and its amount from September 1, 2014 to September 16, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed to have been filed.

1. Facts of recognition;

A. The Defendant’s husband C had a technology about a sound learning set, but around October 2012, the Plaintiff, a business that produces and sells the general sets, requested the production of 500 sound sets, and received the complete delivery of defective products.

C issued an additional production order to the Plaintiff, but the Plaintiff could not produce the sound so that it could not produce the sound so that it was proposed to take over the factory operated by the Plaintiff and directly produce it to 2.5 billion won, and again, the Plaintiff would have a high price. Accordingly, the Plaintiff would not have a high price if monthly operating income is more than 40 million won and the conditions of technology transfer are not high.

B. On January 22, 2013, the Plaintiff concluded a sales contract for a workplace (Evidence A2) with the Defendant’s husband C as follows.

1. The location of indication of real estate: D, E, F, G, H (Integment of Business and Business Rights), land category building and land category building/use steel structure/ sand site board (hereinafter referred to as the “factory of this case”), Gyeonggi-do;

2. Article 1 of the Terms and Conditions of the Contract (Sales Price and Time of Payment) 2.5 billion won of the purchase price shall be paid on January 22, 2013.

The first intermediate payment of 300 million won shall be paid on February 28, 2013.

Any balance 2.1 billion won shall be paid on April 30, 2013.

Article 5 [Delivery of Place of Business] Seller shall deliver all facilities attached to the property, such as buildings, equipment, fixtures, expendable goods, materials, products, etc. belonging to the sale and purchase goods at the time of contract.

Matters of special agreement

1. The highest decision of this Agreement shall be such conditions that the monthly profit shall be an average of 40 million won (40,000,000 won).

b)the buyer may terminate this Agreement if the certification is known or if the content is different;

2. In principle, the structures installed on the current site and all list of houses shall be included in the sales price.

3. The seller is stable from March 1, 2013 to the date of the payment of the intermediate payment.

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