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(영문) 춘천지방법원원주지원 2015.12.24 2015가합5992
매매대금
Text

1. The Plaintiff, Defendant B and D, jointly and severally, KRW 206,188,740, and Defendant C are jointly and severally with Defendant B and D.

Reasons

1. Basic facts

A. On June 10, 2014, Co., Ltd. (hereinafter “E”) concluded a sales contract on each real estate (hereinafter “each of the instant real estate”) listed in the separate sheet (hereinafter “each of the instant real estate”) with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the following grounds: (a) the sales contract was stated in the above sales contract as KRW 1.7 billion; but (b) the following sales contract is consistent with the intention of the parties in the contract, there is no dispute between them).

B. On July 25, 2014, under Defendant D’s joint and several sureties (at the time, the representative director is Defendant C, who was registered as the representative director on August 7, 2015, and Defendant D was registered as of the same day) on the purchase price of KRW 1.43 billion and value-added tax on the part of the building (However, according to the Defendants, the value-added tax on the building is at least KRW 120 million, but the amount of value-added tax on the building was agreed to be paid KRW 60 million and was paid KRW 60 million among them, so the total purchase price was determined as KRW 1.495 million and KRW 1.55 million as follows, and the registration of ownership transfer was completed on the following day to each of the Defendants:

1. Sales price and payment date - 1,430,000 won;

3. The third party payment for the purchase price shall be made in consultation with the creditor and shall be liable to pay the purchase price of KRW 1) F - 19.9 million to the seller, KRW 20 million G - KRW 30 million - KRW 65 million - KRW 40,000 - KRW 50,000) K - KRW 5.5 million - KRW 7,000,000 - KRW 8) M - KRW 10 million to the creditor and without any condition after the conclusion of this contract (transfer of ownership).

4. 1) The sum that the purchaser succeeds to the purchase price is KRW 1 billion and interest of a national bank (the interest until July 30, 2014 and the criteria for receipts) 2) the entire amount of national and local taxes unpaid (the tax amount until July 30, 2014 and the criteria for receipts).

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