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(영문) 서울서부지방법원 2017.12.20 2016가합37938
기타(금전)
Text

1. The Defendant’s KRW 500,000,000 as well as annual 5% from August 26, 2017 to December 20, 2017 to the Plaintiff.

Reasons

Facts of recognition

Transfer, takeover (No. 2)

1. Location of facilities: Gyeonggi-do Goyang-si D, E;

2. Types of facilities: Charnel houses;

3. Kinds of transferred rights: 1,000 won in total of the sale rights during the inurnment of remains of the sentrys.

4. Method of payment: 1) Total transfer amount: 1 billion won: 500 million won (payment at the time of a contract and receipt at the time of a contract): 50 million won - Full payment within six months after the contract is made.

5. Method of selling a wing boat (Omission thereof);

6. The waiver and assignment of a contract between the Defendant and C can only be made by agreement between the Defendant and C when the project is waived or the right to the contract is transferred to a third party.

7. (1) The effect of the deposit certificate and the contract shall be destroyed at the time of the remainder payment, and the down payment shall be waived. (2) When the contract is destroyed due to the remainder payment, the sales certificate shall be entirely returned.

3) A separate contract drawn up on the same kind of document is made out by the transferee’s convenience and has no actual effect. The effect of the instrument paid to the transferee shall take effect after the balance is paid in full. The content written in the form of the document is not a printed letter, but a part written by the Defendant or C’s own pen. The same shall apply hereinafter.) On April 12, 2010, the Defendant drafted a transfer contract with C on April 12, 201, and as follows, to C on the transfer of the right to sell 1,00 (hereinafter “the instant instrument”).

On the same day C paid KRW 500 million to the Defendant as down payment, and received 1,000 copies of the sealing document of the instant period from the Defendant.

Transfer and takeover (Evidence No. 3)

1. Location of facilities: Gyeonggi-do Goyang-si D, E;

2. Types of facilities: Charnel houses;

3. Kinds of transferred rights: 1,000 won in total of the sale rights during the inurnment of remains of the sentrys.

4. Methods of payment of the price: Full payment.

5. Method of selling a wing boat (Omission thereof);

6. The waiver and assignment of the contract and the Defendant and C, even if any, waives the project or terminate the contract.

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