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(영문) 수원지방법원 2015.09.11 2015나13017
매매대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. 1) C Co., Ltd. (hereinafter “C”)

D) D with the Defendant on October 29, 2012 upon delegation by C of the power of representation to conclude a sales contract, and as between C and the Defendant on October 29, 2012, C’s 43 points of machinery installed in the building located in the building located in the Sinsung City, as well as all public equipment and appliances related to incidental facilities and equipment, and Korea Mutual Aid Co., Ltd (hereinafter “Korea Mutual Aid”).

(C) The sales contract to sell all business rights to C for one billion won (hereinafter “instant sales contract”)

(2) According to the instant sales contract, the Defendant transferred the down payment of KRW 50 million out of the instant purchase price to the account designated by C, and the intermediate payment of KRW 700 million to the account in the name of the Credit Guarantee Fund until October 31, 2012, and KRW 600 million to the account in the name of the limited liability company in the securitization of the Republic of Korea until November 5, 2012, and paid KRW 250 million to the Defendant at the time of transfer of the subject matter to the Defendant after the completion of the production of Korea Mutual Aid.

B. 1) After the date of the instant sales contract, the Defendant remitted the down payment of KRW 50 million to the account in the name of C, and paid the intermediate payment of KRW 700 million to the account in accordance with the agreement. 2) Meanwhile, on the date of the instant sales contract, the Defendant requested the Defendant to additionally transfer KRW 50 million to the account in the name of F, which was registered as his/her father and C representative director, as the down payment, on the date of the instant sales contract, and the Defendant transferred KRW 50 million to the account in the name of F after accepting the said request (However, such additional contract deposit agreement was not entered in the instant sales contract).

3F resigned from the date of the instant sales contract on October 31, 2012, two days after the date of the instant sales contract, and the Plaintiff was appointed as the representative director on the same day, and the said D and F are under C’s name.

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