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(영문) 대구지방법원안동지원 2019.02.20 2017가단22513
약정금
Text

1. Defendant B and C jointly share KRW 164,00,000 to the Plaintiff, as well as the Plaintiff’s share, from February 4, 2017 to December 22, 2017.

Reasons

Basic Facts

Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation established for the purpose of soil construction business, etc., and E is an internal director of the Defendant Company, and Defendant C is an infant of Defendant E and actually engaged in the work of the Defendant Company.

The plaintiff is engaged in agricultural product distribution business in Busan Shipping Daegu F, G is the plaintiff's spouse, and H is the plaintiff's wife.

Around January 2015, Defendant Company, including the preparation of the instant sales contract, was unable to sell the instant loan on the following grounds: (a) the construction of the new construction of the 4-dong (JC) multi-household 4, which is a multi-household housing with the fourth floor of a reinforced concrete structure, on the ground outside and two parcels of Ansan-si, Ansan-si, 2015; (b) commenced around February 30, 2015; and (c) completed until October 30, 2015; and (d) planned to sell the instant loan.

On March 3, 2015, the Plaintiff came to know of Defendant C through H’s introduction, and entered into a sales contract with Defendant Company that the Plaintiff would purchase the instant loan K (hereinafter “instant loan”) from Defendant Company to KRW 147,00,000 (hereinafter “instant sales contract”). At the time, Defendant C signed and sealed the instant sales contract as a seller.

On March 3, 2015, the Plaintiff paid KRW 30,000,000, KRW 30,000,000 on May 15, 2015, and KRW 30,000,000 on June 3, 2015, and KRW 30,000,000 on July 16, 2015, and KRW 147,000,000 on August 14, 2015 (= KRW 50,000,000 on KRW 30,00,000,000 on KRW 30,000,000 on KRW 30,000,000 on KRW 30,000,000 on KRW 30,000,000 on KRW 7,000,000 on KRW 7,000,005) to Defendant C.

Defendant C paid KRW 25,00,000 to the Plaintiff (G L Cooperative Account M in the name of the G) around February 3, 2017 upon the Plaintiff’s request.

On April 12, 2017, the registration of ownership preservation was completed in the future of the Defendant Company on the loan of this case.

A list between Defendant Company and Defendant D on September 6, 2017, including the conclusion of each of the instant sales contracts, by the Defendant Company, to Defendant D.

1. The real estate stated in this case (hereinafter referred to as “instant 1 real estate”).

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