logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.01.21 2014가단22419
계약금반환
Text

1. The Defendant’s KRW 35,00,000 as well as 5% per annum from April 3, 2014 to January 21, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On February 14, 2014, the Plaintiff, jointly with C, acquired the Defendant, who is engaged in the aggregate extraction business, and borne half of the expenses incurred in acquiring aggregate, and entered into a contract for acquisition and transfer of a corporation or business (hereinafter “instant contract”) with the Defendant Company with the following terms and conditions.

【Indication of the transferor corporation and the business (a project site) - Indication of the corporation: Defendant Company - indications of aggregate sites and items:

1. Aggregate produced by December 31, 2013 at the B site located in Gangwon-do Stick-gun D (a aggregate discretion: 100,000 square meters);

2. Aggregates in B-site E in Gangwon-do, and Offset stone facilities (Provided, That this refers to the defendant company);

hereinafter the same shall apply.

) The purpose of this Agreement is to transfer the right of lease and to succeed to the rights, obligations, and obligations under the contract concluded by the Defendant Company with the Hand Steel Co., Ltd. in relation to the aggregate site) 1. The purpose of this Agreement is that “B” (referring to the Plaintiff and C; hereinafter the same shall apply) intends to take over all the rights and obligations with respect to the company and its business in which “A” is operated.

[Article 2] The transfer proceeds shall be KRW 750 million.

[Article 3] The date on which “A” transfers the whole business to “B” shall be the date of the full payment of the price, and “B” shall pay “A” the price in full as follows:

The payment of KRW 70 million as of the date of conclusion of the contract shall be made by paying the intermediate payment of KRW 80 million on February 25, 2014, and the balance of KRW 600 million shall be paid in full on March 10, 2014, and if “B” is unable to prepare any balance equivalent to KRW 1-200 million, the final payment date shall be determined in consultation between “A” and “B”.

B. The Plaintiff paid the Defendant Company the down payment of KRW 70 million on the day of the instant contract, and the joint assignee C transferred KRW 35 million, which is one of his own down payment charges, to the foreign exchange bank account in the name of the Plaintiff through Dongbook F.

C. Meanwhile, the Plaintiff and C are above.

arrow