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(영문) 광주지방법원 2014.10.02 2014가합50045
매매대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 300,000,000 to the Plaintiff (Counterclaim Defendant) and its payment from May 1, 2014 to the date of full payment.

Reasons

1. Basic facts premised on the principal lawsuit and counterclaim;

A. On April 30, 2013, the Plaintiff entered into a sales contract for 9,000 shares of the Defendant, Gwangju Pallon Co., Ltd. (hereinafter “Ballon”) with the Plaintiff (hereinafter “instant sales contract”) and entered into a “sale contract for the shares of 9,000 shares,” and a notary public obtained certification as a law firm No. 1752 on the part of Gwangju Pallon Co., Ltd. (hereinafter “instant purchase and sale contract”). The parts related to the instant case are as follows.

1. Goods for sale: 9,000 alcoholic beverages (including assets) out of 90,000 alcoholic beverages; and

3. Owner and seller: The defendant.

4. Buyer and Repurchase: The Defendant, on September 2, 201, sells the Plaintiff’s shares at KRW 430 million to the purchaser on September 2, 201.

The original share purchase and sale method is that on April 30, 2013, the Plaintiff sold the same shares to the Defendant of the seller in the amount of KRW 630 million.

The down payment shall be KRW 30 million received by the Plaintiff at the time of the contract, and the intermediate payment shall be paid KRW 200 million on August 10, 2013, and the remainder KRW 400 million shall be paid on April 30, 2014.

After the repurchase contract, the Plaintiff, a buyer and the purchaser, agree to sell the entire shares to a third party, Gwangju Lao gallon and the entire shares.

On the other hand, the payment of the balance of 400 million won under the redemption contract shall be specified as the payment date on April 30, 2014, and if the balance of the third party sale is advanced, it shall be the date.

B. The Defendant paid KRW 30 million to the Plaintiff on April 30, 2013 according to the instant sales contract, and the intermediate payment KRW 200 million to be paid on August 10, 2013 was paid in installments over five times from August 12, 2013 to December 9, 2013.

C. The Plaintiff filed an application for provisional attachment on each real estate owned by the Defendant (including a site for a C business, which had been conducted by the gallongalian) with the preserved claim for the payment of the remainder under the instant sales contract.

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