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(영문) 대전지방법원천안지원 2016.03.25 2014가합103674
기타(금전)
Text

1. On December 26, 2012, the real estate indicated in the separate sheet between Defendant D and Defendant E was concluded.

Reasons

1. Basic facts

A. Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation that engages in wholesale and retail business of petroleum products at the gas station located in Seo-gu, Seoan-gu, Seocheon-gu (hereinafter “instant gas station”).

The shares issued by the Defendant Company are 5,000 shares, and the register of shareholders of the Defendant Company is listed as shareholders of 1,250 shares and 1,500 shares, respectively.

B. Defendant C and E are married death.

G is a person who constructs a gas station with investment and sells it, and the gas station of this case was constructed by G.

C. On February 19, 2009, Defendant C entered into a sales contract with the Defendant Company to purchase each real estate (hereinafter “instant real estate”) on KRW 2,220,000,000 as indicated in the attached list, which is the site of the gas station and the building of this case (hereinafter “instant first sales contract”). The down payment of KRW 2,50,000 on the date of the contract, and the intermediate payment of KRW 4,40,000,000 on May 30, 2009, the remainder of KRW 4.2,20,000 shall be paid on August 19, 2009; the remainder of KRW 1,110,000,000,000 shall be paid by succession to the Defendant Company’s financial institution; and the remainder of KRW 1,110,000,000,000 shall be paid by succession as follows.

[Matters of Special Agreement]

1. The buyer has succeeded to the full amount of KRW 1,10,000,000 for loans that the seller owes to the foreign exchange bank and has been executed with the additional loans of KRW 1,500,000 from the National Bank (or one Financial Zone Bank) or from the National Bank (or one Financial Zone Bank) for five months or longer, redeems the full amount of the existing succeeded foreign exchange bank loans and pays KRW 440,00,000 as part payments to the seller on the date of carrying out the additional loans.

Provided, That where additional loans are delayed, the payment shall be postponed until the loan is possible.

2. The remainder of 420,000,000 won shall be paid to the seller on the date when the buyer is entitled to obtain a guarantee loan from the Credit Guarantee Fund; and

provided that the loan is delayed;

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