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(영문) 춘천지방법원 2016.01.13 2015가단4675
약정금
Text

1. As to KRW 165,00,000 and KRW 160,000 among them, the Defendant shall pay to the Plaintiff KRW 160,000 from July 25, 2012 to January 13, 2016.

Reasons

1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2, together with the purpose of the entire pleadings.

(1) On March 28, 201, the Plaintiff sold to D Co., Ltd. (hereinafter “D”) the purchase price of KRW 1.15 million for the Plaintiff’s Hongcheon-gun E., Hongcheon-gun, F large 649 square meters, G large 3,025 square meters, H 1,252 square meters, H 1,252 square meters, I 156 square meters, I 156 square meters, and one parcel of land, other than F 1,150 million won.

(2) The Plaintiff received the remainder KRW 80 million on the date of the contract, and the remainder KRW 90 million on April 15, 201, respectively, and agreed to substitute for the payment of the remainder of the purchase price by acquiring the collateral obligation of KRW 980 million with the maximum debt amount set out as joint collateral for the entire immovable property of the instant case as joint collateral by D.

(3) On March 28, 2011, the Plaintiff sold J Forest No. 3967 square meters (hereinafter “instant real estate No. 2”) at KRW 150 million in the purchase price, and agreed to receive the purchase price up to April 15, 201.

B. On April 6, 2011, the Plaintiff completed the registration of ownership transfer with respect to the instant real estate No. 1, and the registration of ownership transfer with respect to the instant real estate No. 2 on April 26, 2011.

C. D paid to the Plaintiff a total of KRW 160 million with the purchase price for the instant 1 and 2 real estate, but did not accept the collateral security installment obligation or pay the remainder of the purchase price.

(1) The Plaintiff filed a lawsuit against K, L, M, and D with Seoul Eastern District Court 201Gahap22885.

(2) The Plaintiff, as an executive officer or operator of K, L, and M, agreed to pay the remainder of the purchase price for the Plaintiff as D along with D, and therefore, K, L, M, and D shall be KRW 160 million remaining after the remainder of the purchase price for the Plaintiff (=the remainder of the purchase price of KRW 90 million plus KRW 150 million) - (the outstanding purchase price of KRW 160 million is KRW 100 million).

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