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(영문) 부산지방법원 2014.01.22 2013가합45634
약정금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 75,200,000 and its KRW 71,200,000 among them, the Defendant (Counterclaim Defendant) on February 23, 2013.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the descriptions of evidence Nos. 1, 2, 2, 1, 2, 1, 1, 2, 3-1 through 9, 4, 5, 1, 1, 1, 1, 1, 1, 2, 3, 4 and 5.

Around July 2007, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) entered the factory site in C Co., Ltd. (hereinafter “Co., Ltd.”) where the representative director was the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”).

C Sales Contract

1. Indication of a maintenance factory;

(a) Major action: C located in Busan Dong-gu E;

(b) Indication of objects to be traded: All the rights to operate all equipment, machinery, tools and office fixtures used by C, and vehicle maintenance plant;

2. Details of a contract: Article 2 (Deposit for Lease on Deposit Basis): The buyer shall acquire the right to lease on deposit basis.

Article 3:Methods of Payment:

(a) Contract deposit of one hundred million won; and

(b) Balance of KRW 410 million: The remainder shall be paid to the seller at the 30th of each month the minimum amount of KRW 10 million and shall be paid in full over three years (36 months).

Article 5: Interest shall be calculated on one copy of a month of the balance, and the amount paid on the basis of the payment shall be paid on the 30th day of each month after deducting the amount paid.

B. On November 1, 2009, the Defendant entered into a sales contract for all of the equipment and fixtures of an automobile maintenance factory located in Dong-gu, Busan (hereinafter “instant factory”) (hereinafter “instant sales contract”) with C on November 1, 2009, and paid the down payment of KRW 100 million on the same day. The main contents of the instant sales contract are as follows.

Written confirmation 70,000 won

1. The obligor B, May 14, 2010, undertaking to borrow from the obligee A and to implement the following provisions:

(a) The principal repayment period: It shall be repaid equally for seven months from June 2011;

(b) Method of payment of interest: 50,000 won as of May 2010 as of the end of each month.

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