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(영문) 의정부지방법원 고양지원 2017.01.20 2015가합1871
양수금 등
Text

1. Defendant B’s KRW 180,000,000 as well as 5% per annum from December 10, 2014 to January 20, 2017 to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. 1) D, on October 20, 2014, is G stores located in the retail store located in 101 to 106, located in the F buildings located in G, such as G, G, etc. (hereinafter “instant E”), from Defendant B, on October 20, 2014.

In order to purchase, the sales contract (No. 1; hereinafter “instant contract”) between D and Defendant B on the same day and the sales contract entered into accordingly between D and Defendant B.

(b)The main contents of the contract are as follows: Article 2 (Total Sale Price: 630,00,000,000

1. Deposit for a location lease contract: 200,000 won;

2. Deposit for warehouse of two stories in a location: 30,000,000 won;

3. Facilities collection machinery and goodwill premium: 400,000,000 won (Methods of payment for sale)

1. Cop bond: ① 150,000,000 won on the refined land; ② 10,000,000 won on the raw ship shall be deducted from the total purchase price and D’s contract entered into between Defendant B and each of them shall be succeeded;

2. Contract deposit: 50,000,000 won (payment on October 20, 2014).

3. Part payments: 50,000,000 won (Payments 22, 2014)

4. Balance: The amount deposited in the passbook of Defendant B shall be deducted from the credit card sales amount of 370,000,000 to the balance after deducting the credit card sales from the sales amount of the sales amount.

November 30, 2014

Article 5 (Amount of Unsettled Payments for Goods and respective Customers)

1. In principle, the current status of business shall be maintained and the amount of goods and the amount of each transaction partner shall be settled together;

(Provided, That on November 30, 2014, goods shall be on the base date, and in principle, the coefficient after the closure point shall be determined in principle. The cost of coefficient shall be jointly borne by Defendant B and D). Article 7 (Termination of Contracts)

1. In principle, Defendant B and D shall trade on the basis of mutual trust, and they may destroy or destroy a mutual agreement at any time when Defendant B or D fails to perform the promise, and shall compensate twice the amount already paid as penalty for breach of contract from the weak side as the amount of loss or damage, and may terminate the contract.

2. D is the defendant.

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