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(영문) 광주지방법원 2013.05.02 2012가합5966
약정금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the representative director of F Co., Ltd. (hereinafter “F”), and Defendant B is the actual operator of G Co., Ltd. (Co., Ltd., the trade name before the change; hereinafter “G”); Defendant C is the representative director of G; Defendant E is the representative director of G; Defendant E is operating a plastic restaurant in G building, which is the following:

the F and G legal entity transfer contract (hereinafter “instant exchange contract”) are an intermediary.

B. On August 30, 2009, Defendant B entered into the instant exchange agreement with the Plaintiff on August 30, 2009, between the Plaintiff and the Plaintiff, with the content that the obligation of the Plaintiff’s management F is KRW 10 billion, and the obligation of Defendant B’s management G is KRW 6.4 billion, and each of the above corporations is exchanged by acquiring each of the obligations.

C. Meanwhile, Defendant D shall purchase and transfer, until September 30, 2009, J apartment 36 on the land of Seodaemun-gu Seoul and 2 lots to the Plaintiff on the same day. However, if the Plaintiff wishes, Defendant D shall substitute 10 bonds (the sale price of the loan is 2.4 billion won, and the loan is 12 billion won, and the loan is 1.2 billion won, and the loan is acquired and transferred to the heir) of Seodaemun-gu, Seoul, and 12 billion won to the Plaintiff on the same day, as the execution note of this case.

(A) prepare and conclude an order. [The fact that there is no dispute over the grounds for recognition, the entries in Gap evidence 1-1, 2, and 3, and the purport of the whole pleadings.]

2. Determination on the cause of the claim

A. Defendant B, at the time of the instant exchange contract, had a much higher value than G value than G in light of the relationship between the F’s value at the time of the instant exchange contract and the amount equivalent to KRW 12 billion under the instant exchange contract, and prepared the instant written statement of performance under Defendant D as the cycle of transfer by purchasing the above J apartment or KGra. However, in the case of J apartment, the construction was suspended and KGra was virtually impossible to transfer the said real estate due to the sale in lots in the case of KGra, and thus, it was practically impossible to transfer the said real estate, the Plaintiff is obligated to pay 12 billion won as compensation for damages therefrom.

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