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(영문) 수원지방법원성남지원 2016.04.14 2014가합205931
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On December 18, 2008, our Ef&A Specialized in the Asset-Backed Securitization Co., Ltd. (hereinafter “C”) entered into a contract for the acquisition of claims (hereinafter “instant acquisition agreement”) with the following content that sell a total of KRW 7,560,000 won of non-performing loans (hereinafter “the instant claim”) to C Co., Ltd. (hereinafter “C”) at KRW 4,830,000,000,000, and received KRW 100,000 from D as the down payment.

At the time, the plaintiff (one person) operated C with the disadvantage of the head of the business headquarters or the vice president of C, and was in charge of concluding the transfer agreement of this case.

Article 1(Definition and Interpretation)(1)(Definitions) The term “the date of transaction closure” means the business day on which the actual date of transaction termination occurs.

The term "performance guarantee" means the amount equivalent to 30% of the purchase price.

The term "asset confirmation date" means September 30, 2008.

Except as otherwise expressly provided for in other provisions of this Agreement, paragraph 3 (Reversion of Proceeds) of Article II (Sale of Assets Subject to Sale) Except as otherwise expressly provided for in other provisions of this Agreement, all amounts collected from assets to be sold by the seller up to the day on which the seller becomes final and conclusive shall revert to the seller, and the tour money received by the seller from the day following the day on which the assets are fixed shall revert to the buyer, and the seller shall pay the tour money to the buyer in accordance with

Article 3 (Guarantee Money, Sales Price, Closing, Reasons for Non-performance) Paragraph (1) (i) of Paragraph (Guarantee Money) of Paragraph (Guarantee Money) of Paragraph (Guarantee Money) shall be paid to the seller not later than December 26, 2008 at the Seoul time in Seoul, after deducting the down payment from the increased payment to the seller.

Paragraph 2 (Payment of Sale Price) (3) If the balance of the purchase price is paid on the date of the closing of transaction, the seller shall pay to the purchaser an amount equivalent to the total tour receipts within five business days from the date of the closing of transaction.

The plaintiff was introduced from F. The defendant.

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