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(영문) 의정부지방법원 2014.05.23 2013가합72180
대여금반환등
Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. The Plaintiff (Counterclaim Defendant) shall be fully paid KRW 265,00,000,000 to the Plaintiff (Counterclaim Defendant) and the same from September 13, 2013.

Reasons

1. Basic facts

A. On August 31, 2010, Plaintiff A entered into a contract with the Defendant to purchase each real estate listed in the separate sheet owned by the Defendant and pay the said purchase price to August 31, 2013 (hereinafter “instant sales contract”), and stipulated the following special terms and conditions.

1. From August 31, 2010 to the payment of the remainder, the buyer’s use of and profit from the real estate sold in this case and the time the buyer paid the remainder of the profits accrued therefrom to the buyer’s use and profit-making, the interest on the whole of the collateral security obligations (including the collateral security-related obligations) of the Hyeong Livestock Cooperative on Real Estate sold in this case must be paid

2. The profits accrued to the purchaser from the sale and purchase of real estate during the period in which the purchaser uses or benefits from such sale and purchase shall revert to the purchaser, and all the expenses incurred in relation to the operation of the gas station, including taxes and public charges generated from such sale and purchase

3. Where a buyer has failed to pay interest on a loan for six (6) months or longer, or to pay any balance on the outstanding payment date, this sales contract shall be automatically terminated. In such cases, the buyer shall pay the seller a sum of KRW 100,000,000 to the seller and shall immediately issue an order to the seller.

4. A seller shall, immediately after the receipt of any balance, redeem all limited real rights on the sale and purchase real estate and apply for cancellation simultaneously with an application for registration of transfer of ownership;

B. On the date of the conclusion of the instant sales contract, the Defendant settled the amount of money borrowed from Plaintiff A to that of Plaintiff at least KRW 265,000,000,000,000,000,000,000 to Plaintiff A, and prepared and paid to Plaintiff A a certificate of borrowing that the said amount shall be repaid until August 31, 2013.

C. In addition, the Defendant’s building indicated in the Plaintiff B and the attached Table No. 2, which is Plaintiff A’s son, on the date of entering into the instant sales contract, shall be KRW 100 million for the lease deposit, and from August 31, 2010 to August 31, 2013 for the lease period.

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