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(영문) 광주지방법원 2016.12.20 2015가단525211
약정금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 37,228,634 and the interest rate thereon from October 29, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On July 24, 2000, the Plaintiff decided to accept Defendant C’s agricultural partnership (hereinafter “agricultural partnership”) from Defendant C (hereinafter “Defendant C”) and the land category was changed to “ware site” on January 20, 2003, 195, 200.

After purchasing a total of 5,723 square meters and its ground buildings and machinery, etc. (hereinafter “instant real estate, etc.”) with KRW 300 million, the Defendant’s representative director was appointed on August 28, 200.

B. On April 9, 2002, the Plaintiff: (a) resigned from the office of the representative director of the Defendant farming association and had Defendant B take office as the representative director; and (b) entered into a transfer agreement with Defendant B on April 23, 2006 with regard to the transfer and acquisition of the Defendant farming association (hereinafter “instant transfer and acquisition agreement”).

C. On April 23, 2006, Defendant B paid KRW 200 million to the Plaintiff regarding the instant transfer/acquisition agreement until the end of April 2009, and the monthly interest was prepared and awarded a letter of payment with the content of KRW 2.5 million as the monthly interest (hereinafter “instant payment note”), and Defendant farming association guaranteed Defendant B’s debt.

Defendant B paid to the Plaintiff KRW 324 million in total, as indicated in the attached Table on “Details of Appropriation of Performance”, respectively, over the period from February 12, 2007 to October 28, 2013.

Defendant B paid the amount corresponding to the “amount to be appropriated” stated in the attached Table “the date of satisfaction of obligation” as of the corresponding date.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 7, Gap evidence No. 8-1, and the purport of the whole pleadings

2. The assertion and judgment

A. The acquisition price of the transfer contract of this case by the Plaintiff 1 is KRW 300 million, and Defendant B shall pay KRW 100 million out of KRW 300 million of the acquisition price by transfer at the time of conclusion of the transfer contract of this case, and the remainder KRW 200 million shall be paid.

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