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(영문) 전주지방법원 2016.07.19 2015가단33931
매매대금반환
Text

1. From October 16, 2015 to November 13, 2015, Defendant B farming association costs of KRW 170,000,000 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 26, 2014, the Plaintiff entered into a sales contract with Defendant B Agricultural Partnership (hereinafter “Defendant Corporation”) on or around December 26, 2014, under which the Plaintiff used the site in question for the purpose of real farming, and purchased at KRW 620,000,00 real estate (hereinafter “each of the instant real estate”) from the Defendant Corporation, which was located in the former Kim Jong-si, Kim Jong-si, the Defendant Corporation owned at KRW 70,00,000. The down payment amount is KRW 130,00,000 on the date of the contract, the intermediate payment is KRW 130,00,000 on January 30, 205, and the remainder is to be paid to each of the Defendant Corporation simultaneously with the receipt of documents for the registration of ownership transfer from the Defendant Corporation (hereinafter “instant sales contract”). The said down payment and intermediate payment is KRW 200,000,000,00,000).

B. However, when the Plaintiff was unable to carry out the greenhouse farming on each real estate of this case due to the Plaintiff’s failure to obtain permission for new construction of greenhouses, the Plaintiff, as the representative director of the Defendant Corporation, provided a claim against Defendant C, who signed the instant sales contract on behalf of the Plaintiff, on September 21, 2015, and Defendant C, on September 21, 2015, provided that the Plaintiff shall return the purchase price of KRW 200,000,000 (hereinafter “the purchase price of this case”) paid from the Plaintiff to the Plaintiff by October 15, 2015 (Evidence No. 3; hereinafter “the instant promise”).

C. Since September 23, 2015, the Defendant Corporation paid KRW 30,000,000 to the Plaintiff side, including KRW 10,000,000 on September 23, 2015 and KRW 20,000 on October 16 of the same year.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (including branch numbers, if any) and the purport of whole pleadings

2. The plaintiff's assertion

A. Defendant C, on behalf of the Defendant corporation, agreed to prepare the instant undertaking on behalf of the Defendant corporation and individually perform the obligation based on the instant undertaking. Thus, the Defendants are jointly and severally liable.

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