(영문) 울산지방법원 2020.07.07 2018가단74299

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(영문) 울산지방법원 2020.07.07 2018가단74299

기타(금전)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 16, 2019, the Plaintiff filed a lawsuit against the non-party company C (hereinafter “non-party company”) to claim the return of the purchase-price (2018da74039) with the U.S. District Court (hereinafter “non-party company”) and was sentenced to a judgment on April 16, 2019 that “the non-party company shall pay to the Plaintiff the amount of KRW 94 million and KRW 84 million (hereinafter “the claim of this case”) 5% per annum from March 23, 2018 to December 24, 2018; the amount of KRW 15% per annum from the next day to the day of full payment; and KRW 15% per annum from December 25, 2018 to the day of full payment (hereinafter “the claim of this case”).

B. (1) On June 12, 2018, Nonparty Company entered into a sales contract with the Defendant and the Defendant with respect to the purchase price of KRW 1,273,800,000 (a contract amount of KRW 150,000,000 at the time of the contract, and an intermediate payment of KRW 100,000,000 until July 30, 2018, with respect to the purchase price of KRW 1,023,80,000,000 (hereinafter “instant sales contract”) (hereinafter “instant sales contract”).

(2) The terms and conditions of the instant sales contract are as follows: “In the event of a breach of the contract, the seller shall be held liable for all civil and criminal responsibilities and pay the down payment and intermediate payment twice. The remainder payment date shall be as follows; the buyer shall be confiscated as the total down payment and intermediate payment paid by the buyer in the event of a breach of the contract; and the buyer shall be aware of and conclude the contract. The foregoing supplementary letters (Articles 2 through 8) stipulate that “In the event of a conflict with the instant special agreement, this special agreement shall prevail.”

(3) On October 29, 2018, Nonparty Company: (a) prepared to the Defendant a letter of undertaking (hereinafter “instant letter”) as follows; and (b) obtained the certification of a notary office.

(4) Nonparty Company failed to pay the remainder of the instant sales contract to the Defendant by October 29, 2018.

[Ground of recognition] Facts without dispute, Gap 1-6 evidence, Eul 1 evidence, and arguments.

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