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(영문) 제주지방법원 2020.10.27 2019나14615
매매대금
Text

The judgment of the first instance court is modified as follows. A.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall be the Plaintiff-Counterclaim Defendant, 1.

Reasons

1. The recognition of the contract deposit under Article 2 [Methods of Payment for Purchase Price]: 20,000,000 won for intermediate payment at the time of a contract: 90,000,000 won for intermediate payment at the time of a contract, and the balance paid on November 28, 2017: 110,000,000 won for specialized education, and Article 3 [Creation of collateral Security] within one month after the establishment of the specialized education institute is approved by the said company (the instant company) under the condition that the establishment of the special education institute for ultra light flying devices recognized by the State is authorized by the said company (the instant company), and the remaining payment date will be made within one month after the establishment of the specialized education institute regardless of the said date.

(2) Provided, That where a person fails to obtain authorization to establish a specialized education institute within one year and six months after the contract is concluded, this contract shall become null and void, and the down payment and part payments shall be returned to the purchaser.

3. Transfer of ownership of a company to a purchaser or a person designated by the purchaser shall be transferred on the date of balance payment.

4. When a seller receives any balance, he/she shall transfer all documents required for the transfer of ownership to a purchaser;

On November 28, 2017, the Plaintiff, who was operating a personal business under the trade name C (hereinafter “instant company”), sold the instant company in KRW 220,000,000 to the Defendant.

(hereinafter “instant sales contract”). The instant sales contract contains the following terms:

The Defendant paid down payment and intermediate payment to the Plaintiff out of the purchase price.

Starting date of work: The head of the drone flight education center on December 3, 2017;

6. Monthly wage - Monthly wage: 7,00,000 Won, and from the date of obtaining authorization from a specialized education institute designated by the State as a specialized education institute designated by the State, 50% of the net income of the present source shall be adjusted as of the end of each month and paid monthly salary. - The payment date of the monthly wage shall be the 15th day of the following month (in the case of a holiday, the preceding day payment): The Plaintiff and the Defendant, on November 28, 2017, provide the Defendant with labor, including the following details:

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