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(영문) 의정부지방법원 2016.12.07 2015가합54551
매매대금반환
Text

1. The Defendant’s KRW 250,000,000 as well as 5% per annum from September 9, 2015 to December 7, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 21, 2014, the Plaintiff purchased the entire factory site C,531 square meters and five factories on the land (hereinafter “instant factory”) owned by the Defendant from the Defendant, respectively, for KRW 1.2 billion, and KRW 400 million. The sales contract was concluded to pay KRW 50 million out of the sales price of KRW 1.60 million on the date of the contract, and the intermediate payment of KRW 200 million on November 28, 2014; and the remainder of KRW 1.35 million on December 16, 2014 (hereinafter “the first sales contract”); and the sales contract was concluded to pay KRW 30 million on inventory; and the sales price was to pay KRW 80 million on December 16, 2014 as the down payment to the Defendant.

B. The Plaintiff initially received a loan from the Small and Medium Business Corporation and intended to pay the above sales amount, and the Defendant was unable to pay the sales amount agreed upon in each of the above sales contracts due to the failure to obtain a loan thereafter.

Accordingly, on December 23, 2014, the Defendant notified the Plaintiff of the fact that the Defendant cancelled each of the above sales contracts on the grounds that the Plaintiff did not pay the purchase price and confiscated the down payment, and around that time, the said notification reached the Plaintiff.

C. On May 6, 2015, the Plaintiff purchased the instant factory from the Defendant and purchased the instant factory in KRW 1.1 billion. The down payment of KRW 250 million on the date of the contract and the remainder of KRW 8.5 million on June 1, 2015 (hereinafter “second sale contract”) and the principal machinery and equipment, patent rights, exclusive trademark rights, vehicles, trade secrets, and trade secrets related to the Defendant’s assistance and production business, and major machinery and equipment, patent rights, exclusive trademark rights, vehicles, trade secrets, and trade rights related to the Defendant’s assistance and production business, and the down payment of KRW 1.5 million on the date of the contract, the remainder of KRW 7.3 million on the date of the contract, and the remainder of KRW 7.3 million on June 1, 2015 (hereinafter “instant asset acquisition agreement”), respectively, was concluded with the Defendant on the same day.

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