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(영문) 수원지방법원성남지원 2019.06.04 2018가합400956
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1.In the sale of basic facts, the buyer pays the purchase price in the following manner:

b. The down payment of KRW 30 million shall be paid at the time of the contract (cash of KRW 20 million on credit of the customer), the intermediate payment of KRW 120 million shall be paid on February 28, 2015, and the remainder of KRW 80 million shall be paid on March 30, 2015, and the order of the right to operate the Mat shall be February 2, 2015.

Provided, That the transaction partner's credit payment shall be succeeded by the purchaser on the date of Article 3.

(1) A contract for a loan for consumption by means of security shall be notarized for the purchase price.

(6) approximately KRW 300 million of the credit payment of the current business partner (hereinafter “the credit payment of this case”) is recognized as the down payment.

On January 29, 2015, the Plaintiff: (a) decided to sell the operating right of the EDCF located in Gwangju-si (hereinafter “instant marina”); and (b) concluded a marina sales contract with C as follows (hereinafter “instant sales contract”).

B. C, on August 3, 2015, established the Defendant for the purpose of wholesale and retail business, etc., and subsequently assumed office as the representative director of the Defendant, and subsequently transferred the Defendant’s right to operate the instant marina.

C. In operating the instant marina, the Defendant paid a considerable portion of the credit payment that C succeeded to from the Plaintiff. On January 28, 2016, the Defendant prepared a notarial deed with the following contents for the payment of the purchase price of the instant sales contract between the Plaintiff and the Plaintiff (hereinafter “notarial deed of this case”).

Article 1 (Loan of Money; hereinafter the same shall apply) Creditor (Plaintiffs, hereinafter) lent KRW 80,000,000 to the obligor (Defendants, hereinafter the same shall apply) on January 28, 2016, and the obligor borrowed it.

Article 2 (Method of Performance) From January 29, 2016 to February 29 of the same year, 30,000 won each on the 29th day of February of the same year, and 20,000,000 won each on March 31, 2016.

Article 5 (Amount of Damages for Delay) When the obligor delays the repayment of the principal.

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