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Reasons
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(영문) 부산고등법원(창원) 2020.05.28 2019나10418
양수금
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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On July 18, 2017, the Defendant entered into a sales contract with C (hereinafter “C”) with which the Defendant would purchase the factory building, its site, etc. from C (hereinafter “instant sales contract”).

B. As to the instant sales contract on the same day, the Defendant and C respectively drafted the “factory sales contract” (No. 1; hereinafter “instant sales contract”) and “mutual agreement on the sales contract of a factory” (No. 3; hereinafter “instant agreement”). As to the instant agreement, the said agreement was certified as a deed signed by a notary public, etc. No. 1854, Dec. 2017, 2017.

The details of the sales contract and the agreement of this case concerning the payment of the purchase price are as follows.

The sales contract of this case

2.The buyer of Article 1 of the Contents of the Contract shall pay the sale price of the above-mentioned factory to the seller as follows:

Sales proceeds: 1,800,000,000 (Additional Tax Deposit): The remainder of KRW 25,000,000: 1,775,000,000,000,000 shall be paid at the time of a bank loan, and 375,000,000,000 shall be paid separately.

Special terms and conditions, and important facilities

2. The detailed performance items under a contract for the sale and purchase of a factory shall be prepared with separate mutual agreement;

Article 3 of the Agreement of this case provides for the sale of the purchase price to Gap at the price for all the sales factories listed in Article 1, and the defendant agrees to purchase it.

In addition, the defendant shall not succeed to all the obligations of C.

1. Sales proceeds: 1,800,000 won;

2. Contract deposit: An empty column.

3. Part payments: Payment made by means of bank loans of KRW 1,400,000.

4. Balance balance: Payment made at the end of six months after the transfer of ownership of KRW 400,000,000.

5. Other creation: Any balance shall be offset against the following:

- (Initial)Issuance 78,00,000 - 24,500,000 for the Bank (6 months) - Redemption Fees of KRW 16,80,000 (one point two per cent of the loans) (one point two per cent of the loans) - Actual Manager's liabilities.

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