(영문) 수원지방법원 2016.04.12 2014가단539924

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(영문) 수원지방법원 2016.04.12 2014가단539924

약정금

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On May 4, 2007, Defendant B entered into a sales contract with the Plaintiff on May 4, 2007 as to the Plaintiff Company E (hereinafter “Nonindicted Company E”) with Defendant B as a shareholder and representative director, and the seller stated in the certificate No. 1 (a sales contract). However, in light of the fact that the purpose of the contract is to sell the Plaintiff to the Plaintiff, and that part of the contract bond was paid directly to the Defendant B, it is reasonable to view Defendant B as the seller.

The main contents of the above contract are as follows:

The total contract amount shall be KRW 1.7 billion, but the plaintiff shall be paid KRW 211 billion in cash to the defendant B, and the remaining KRW 1.489 billion shall be the acquisition of the defendant B's obligations.

A contract bond of KRW 100 million shall be paid until May 14, 2007, and the balance of KRW 1110 million shall be paid until the end of July 2007.

From the following day of the payment of down payment, Defendant B shall allow the plaintiff to operate a factory, but in such cases, public utility charges, such as interest rates of KRW 1.489 million to be taken over by the plaintiff, and taxes, public charges, electricity and water charges for the operation of the company, shall be borne by the

If an intermediate payment and any balance are not paid by the fixed date, the contract shall become null and void, and the deposit and the intermediate payment shall be owned by the defendant B.

(2) On May 4, 2007, the Plaintiff paid KRW 60 million out of the instant contract deposit of KRW 100 million to Defendant B, but thereafter, did not pay the remainder of the contract deposit and the remainder.

B. On August 14, 2007, Defendant B entered into a contract for the second sale of the instant case and entered into a sales contract with F on August 14, 2007 and entered into the second sale contract with F on August 14, 207.

F paid 80,000,000 won to Defendant B on the same day.

The total contract amount shall be KRW 1.7 billion, and F shall be against Defendant B.

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