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(영문) 서울고등법원 2016.01.14 2015나2017119
계약금반환등
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff regarding the money that orders payment under the following.

Reasons

Basic Facts

The agreement between the Plaintiff and the Defendant B around April 2007, when the management status of G Co., Ltd. (hereinafter referred to as “G”) located in Suwon-gu, Busan (hereinafter referred to as “the representative director”), which was a major shareholder, proposed F to purchase the above hotel in order to sell it, but F did not properly raise funds, and waived this.

In the process, the defendant B asked F to purchase the purchase price or arrange the purchase price by paying the purchase price with the bill of exchange.

On April 26, 2007, the Plaintiff solicited F to purchase the above hotel and discussed F and Defendant B to purchase it.

In that place, Defendant B, “the purchase price of the hotel” is equivalent to approximately KRW 9 billion to KRW 9 billion, and Samsung Life Insurance Co., Ltd. bears approximately KRW 6 billion to KRW 1 billion to KRW 3 billion, and Defendant B, who is entitled to deduct KRW 2 billion to KRW 2 billion to KRW 3 billion to KRW 3 billion, such as the refund of lease deposit, credit purchase deposit, and wage obligations to hotel employees, was determined after an actual inspection of the books related to the hotel.

(이하 ‘이 사건 양수도합의’라 한다). 원고는 F을 통하여 매매대금을 어음으로 할 수도 있다는 말을 들어서 이를 어음으로 지급하고자 하였으나 피고 B가 일부를 현금으로 우선 지급해 줄 것을 요구하자 2007. 4. 30. 현금 2억 원을 가지고 G 커피�으로 갔으나 피고 B를 만나지 못한 채 피고 B의 아들인 피고 C에게 위 2억 원을 지급하였다.

On April 26, 2007, the Plaintiff asserted that, if Defendant B paid KRW 200 million in cash, he agreed to change the representative director of G to the Plaintiff, and demanded the change thereof. The Plaintiff’s resident registration certified copy and certificate of personal seal impression necessary for the change of the representative director to Defendant B through F.

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