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(영문) 의정부지방법원고양지원 2019.04.12 2018가합251
양수금
Text

1. The defendant shall pay to the plaintiff A corporation KRW 60,000,000, and 150,000,000 to the plaintiff B corporation and each of them.

Reasons

1. Basic facts

A. 1) Nonparty D Co., Ltd. (formerly: E Co., Ltd.) (hereinafter “Nonindicted Company”)

A) On December 4, 2017, when organizing the project in 2017 while having experienced economic difficulties, the Defendant and the Defendant share the FF factory site with 13,035 square meters (hereinafter “instant factory site”) on December 4, 2017.

) A factory building and its ground (hereinafter referred to as “factory building of this case”).

) (hereinafter referred to as the “instant real estate” by combining the instant factory site and the instant factory building

(1) The sales contract for the sale of 4 billion won (hereinafter “instant real estate sales contract”) shall be deemed as the sales contract for the instant real estate

(2) The non-party company and the defendant concluded a sales contract attached to the real estate sales contract of this case, and concluded a sales contract to sell the same to the defendant as follows with respect to the unused machinery owned by the non-party company, which was in custody of the real estate of this case, as well as the movable property indicated in the attached Table (total five units, such as continuous Catter, etc.; hereinafter “the instant machinery”) listed in the attached Table.

3) On December 4, 2017, Nonparty Company: (a) sold to the Defendant the “four balls” amounting to KRW 300,000,000; and (b) agreed to receive the instant real estate sales contract at the same time when the instant real estate sales contract is established (hereinafter “instant sales contract”).

) (No. 5) On December 7, 2017, Nonparty Company agreed to sell “the instant machinery” to the Defendant for KRW 210,000,000,000, and the sales amount was KRW 110,000,000 on February 27, 2018 and KRW 100,000 on March 30, 2018, respectively.

(hereinafter “this case’s sales contract”) (No. 2). B.

In order to smoothly implement the instant real estate sales contract on December 7, 2017, the non-party company and the Defendant drafted a memorandum of understanding (Evidence A No. 11) with the following contents.

G H G I J K G G

C. The Defendant, who executed the instant real estate sales contract and the instant sales contract, raises objection to the Nonparty Company.

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