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(영문) 전주지방법원정읍지원 2015.07.22 2015가합33
매매대금
Text

1. The Defendant: (a) KRW 1,369,60,000 for the Plaintiff and 5% per annum from August 19, 2014 to January 26, 2015; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On June 25, 2013, the Plaintiff, along with C, awarded a successful bid for and acquired the ownership of the purchase price in full with D and six parcels of land outside D and six parcels of land in Jung-Eup, Jung-Eup, and Jung-Eup, and factories located on its ground, machinery and equipment in the factory, ancillary equipment, etc., and non-ferrous metal (hereinafter “the instant machinery”).

(9/10, C Equity 1/10).(b)

On June 24, 2013, the Plaintiff borrowed approximately KRW 4.8 billion from a fisheries cooperative (hereinafter “fisheries”), and entered into a contract to provide the instant machinery as a security for transfer (hereinafter “instant security agreement”) on June 25, 2013, to secure this.

Around that time, the Suhyup allowed the Plaintiff to sell the instant machinery on the condition that the Plaintiff immediately received the purchase price and immediately deposited it into the account designated by the Suhyup.

C. On June 19, 2014, the Plaintiff and the Defendant concluded the instant sales contract for the instant machinery (hereinafter “instant sales contract”).

The plaintiff sells the machinery of this case to the defendant as of the date in the land D and six lots, Si E and F, Si, Si, Si, Si, Dong-Eup.

Provided, That the whole forkeeps, the whole list, one for a studio, the whole for a studio (fstack side), the whole for a third floor of power distribution, the part for a studio (4th floor, the whole for a consumable part) shall be excluded from sale.

The purchase price shall be a total of 2.8 billion won, and the down payment of 500 million won shall be paid in July 9, 2014 and the balance of 1.4 billion won in August 18, 2014 at the time of the contract.

The removal period of the instant machinery shall be six months from the date when the contract deposit is deposited and work is commenced, and if the cause of delay occurs, the Plaintiff and the Defendant shall consult with each other.

The defendant shall deposit in accordance with the payment period, and after paying the down payment, remove the machinery and equipment in the factory and its ancillary facilities, and remove the goods (on-site standards) removed after paying the price to the plaintiff.

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