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(영문) 서울남부지방법원 2015.09.18 2015가합1933
손해배상(기)
Text

1. The Plaintiff, Defendant M&A Co., Ltd., and 200,000,000 won for Defendant M&A Co., Ltd. and 50,000 for Defendant B&A corporation.

Reasons

1. Basic facts

A. On February 21, 2011, the Plaintiff entered into a sales contract (i.e., a sales contract) on February 21, 201, the Plaintiff’s Meart Education Co., Ltd. (former trade name: Brazil North Korea Co., Ltd.; hereinafter “Defendant Meart Education”).

(C) each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”).

2) The sales contract for the purchase of KRW 3,500,000 (hereinafter “instant sales contract”) is for the purchase of KRW 3,500,000.

The contract deposit was concluded. KRW 50,000,000 is paid at the time of the contract, and the intermediate payment of KRW 250,00,000 shall be paid as of March 31, 201, and the balance of KRW 3,200,000 shall be paid as of March 31, 201. Defendant Qat Education shall receive the balance of the purchase price from the Plaintiff and at the same time deliver all documents necessary for the registration of the transfer of ownership to the Plaintiff and cooperate with the registration of the transfer, and delivery of the instant real estate as of March 31, 2011. Defendant Qat Education shall transfer full ownership by removing the defects and burden of the right to restrict the exercise of ownership, such as mortgages, superficies and chonsegwon established on the instant real estate, or all charges, including public charges, by the date of the remainder payment of the rights until the date of the remainder payment. From the present facilities condition of special agreement, KRW 3,200,000,000,00,000,00.

(2) At the time of the instant real estate, the right to collateral security was established with the debtor’s Meart education, the Industrial Bank of Korea, and the creditor’s maximum debt amount at KRW 3,840,000. However, the Plaintiff and the defendant Meart education, instead of paying the remainder, planned to succeed to the amount equivalent to KRW 3,200,000 of the secured debt of the defendant Meart education, and inserted the said provision. (2) At the time of the instant sales contract, the sales contract, which was drafted, contains the following contents.

(b) Conclusion of a contract for the transfer of rights to a facility;

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