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(영문) 전주지방법원 2015.12.02 2015가합1153
대여금
Text

1. The Defendant’s KRW 246,732,350 as well as 5% per annum from April 12, 2015 to December 2, 2015 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1, 2, 4, 5, and Eul evidence Nos. 1 (including branch numbers, if any; hereinafter the same shall apply) and the whole purport of pleadings:

C is a person who operates a sanctions and timber processing plant in the name of “B” in each real estate listed in the separate sheet, and the Plaintiff is a business operator in the name of the said “B”, and D is a person who, on June 21, 2013, established the Defendant, whose name of the corporation is “B” and the location of the head office is “F of the Jeonbuk-gun, Jeonbuk-gun.”

B. On July 1, 2013, C concluded a sales contract to sell each real estate, etc. listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) to D (hereinafter referred to as “instant sales contract”; the seller, under the instant sales contract, was the Plaintiff, and the buyer was the Defendant respectively) as follows.

1. Purchase price;

(a) Purchase price: 700,000,000 won;

(b) Contract deposit: 60,000,000 won (payment on the day of the contract).

(c) Part payments: 322,00,000 won (in lieu of taking over obligations of loans equivalent to the same amount to the plaintiff's non-military forestry cooperatives);

D. Balance: 318,00,000 won (the payment was made on August 20, 2013, the grace period of 3 months) 1) The Plaintiff, upon receipt of the balance of the purchase price, shall deliver all the documents necessary for the registration of transfer of ownership to the Defendant and cooperate in the registration procedure, and deliver the subject matter of sale in this case. 2) The Plaintiff, when there is any reason that restricts the exercise of ownership of the subject matter of sale in this case, or any unpaid tax, public, or other charges, shall completely remove the defect

3. Reversion of profits generated from the subject matter of the instant transaction and taxes and public charges.

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