(영문) 수원지방법원평택지원 2015.01.30 2014가합224

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(영문) 수원지방법원평택지원 2015.01.30 2014가합224

매매대금 등

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1. The Plaintiff:

A. Defendant B and C shall be jointly and severally liable for KRW 136,177,750 and shall be jointly and severally liable for the payment from July 1, 2014 to the date of full payment.

Reasons

1. Basic facts

A. On December 6, 2012, the Plaintiff: (a) leased the first floor (165.74 square meters) of the building F located in Siljin-si owned by E with the trade name of “G control store” (hereinafter “G control store”); (b) concluded a sales contract on the following commercial facilities, which sell G control points at KRW 220 million between Defendant B and Defendant B on December 6, 2012; and (c) jointly and severally guaranteed Defendant C and D’s obligations under the said sales contract.

(hereinafter referred to as “instant sales contract”). The indication of store price and commercial area of Article 1: the sale price of the shop: F 1st, Jin-si, F (the whole of the furnitures and other equipment within the facilities necessary for baking, and all of the equipment within the facilities): the sale price of the facilities shall be 220 million won.

Article 2. Sales Price payment method and down payment: Contract deposit shall be KRW 75 million and shall be paid on the date of the contract.

The intermediate payment: The first intermediate payment of KRW 5 million shall be paid on December 30, 2012.

The second part payment of KRW 50 million shall be paid on June 30, 2013.

Where the payment is not made by the time of the intermediate payment, this contract is null and void, and the buyer waives all rights to the contract deposit that has been paid to the seller.

Any balance: The remainder shall be paid for KRW 90,000,000 in total for 18 months from January 30, 2013 to June 30, 2014, as KRW 5,000,000 as of the end of each month.

Article 3(1) Where the intermediate payment and the remainder payment date of Article 2 are due, the buyer shall not transfer to a third party the rights and facilities of the commercial building to the third party until the balance payment is completed.

3. Where the buyer concludes a contract and abandons his/her business because he/she has failed to pay the price due to a cause attributable to him/her, he/she may not exercise all rights to the already paid down payment, and all rights to the floor, rights and

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