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(영문) 대구지방법원서부지원 2015.08.11 2013가단30985
위약금
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 20,00,000 as well as the full payment from April 18, 2013.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) leased the machinery listed in paragraphs 1 through 6 of the attached list from C and operated the automobile parts manufacturing business under the trade name of D Company. The Plaintiff agreed to dispose of the said machinery together with the opportunity of the Plaintiff to acquire the ownership of the said machinery and dispose of the Plaintiff’s assets, and pay KRW 180 million from the cost of asset transfer to C.

Accordingly, on August 20, 2012, the Plaintiff and C borrowed KRW 180 million equivalent to the mechanical cost from C as of August 20, 2013 by determining the due date for repayment as of August 20, 2013. The Plaintiff and C drafted a notarial deed of money loan contract for transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer-transfer

On September 25, 2012, the Plaintiff transferred all of the machinery and assets listed in the separate sheet, including the above machinery, to the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) with the Defendant (hereinafter “Defendant”) who operates the automatic parts manufacturing business on September 25, 2012, at KRW 265,200,000,000 (hereinafter “instant transfer contract”) for the acquisition of assets, the sum of the 15,200,000,000 Won chion 15,265,20,000: 265,20,000 won: the contract deposit amount: KRW 60,000; KRW 60,000; KRW 4,520,000; KRW 50,000; KRW 4,520,000; and other agreed terms and conditions of succession; and

1.10 million won shall be subject to separate consultations to enable H resources and successions.

2. Acceptance schedule: D Company A shall notify C to the obligee and take measures to ensure that it does not interfere with its use from October 2012 to November 20, 2012 with respect to the authentication of a contract for lending money for security by means of transfer to security (including sales by scrap metal) as of October 1, 2012, after the payment of the balance, and the payment of the balance shall be completed.

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