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(영문) 전주지방법원남원지원 2019.05.08 2019가단10140
매매대금반환
Text

1. The Plaintiff (Counterclaim Defendant) is to pay KRW 23 million to the Defendant (Counterclaim Plaintiff) and to the day of full payment with respect thereto from April 9, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 31, 2009, the Plaintiff and the Defendant concluded a partnership agreement with the operation of a business of South Korean Won as follows:

(hereinafter referred to as the “instant trade agreement”). In the same area, both parties are entitled to enter into the following trade agreements on the basis of mutual trust principles in order to operate C in the said area:

(A) As of Article 2 (Investment), the current business assets of C are KRW 200 million (excluding sites and buildings), but it includes all vehicles, facilities, etc. currently in possession and invests in 50:50.

(A) Article 7 (Cancellation and Duration of a Contract) The plaintiff and the defendant shall be from September 1, 2009 to August 31, 2014 (five years) and shall establish a successor under the same conditions as at the time of termination, and shall be decided under mutual consultation when the contract expires.

The amount invested in 100 million won at the expiration of the contract shall be paid by the person who continues to maintain the business.

In addition, when the contract is in progress or at the expiration of the contract, the investment amount of KRW 100 million shall not be returned.

Provided, That in the event that the contract term expires, the contract shall be automatically extended if there is no objection.

(hereinafter omitted)

B. The said C Southern District Office is located in a building on the ground of 843 square meters in Namwon-si, Namwon-si.

C. At present, a partnership with respect to a business establishment in South Korea under the instant partnership agreement has been terminated, and the business is continuing by the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Eul evidence 1, purport of whole pleadings

2. Determination as to the claim on the principal lawsuit

A. A. Around February 2018, the gist of the cause of the claim entered into a sales contract with the Defendant orally and with the Defendant that purchased the instant real estate in the amount of KRW 210 million from the purchase price (hereinafter “instant sales contract”). On February 27, 2018, the Plaintiff paid KRW 70 million out of the purchase price to the Defendant.

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