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(영문) 서울중앙지방법원 2015.08.20 2014가합546891
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 2, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase tobacco production machine (a model: ITM 8000), etc. (hereinafter “instant sales object”) in KRW 1,300,000 (hereinafter “instant sales contract”). Around that time, the Plaintiff paid KRW 650,000,000 as down payment. The main contents of the instant sales contract are as follows.

Article 1 (Payment of Sale Price) B shall pay the sale price of the object of sale of this case as follows:

- The first down payment of KRW 100,000: the date of concluding a contract - the second down payment of KRW 550,000,000: - The balance of KRW 650,000 on March 14, 2014 - In accordance with Article 3(3), Party A (Defendant) enters into this sales contract in the position of a mortgagee of the subject matter of sale (the method of performing a contract) pursuant to Article 3(3). The first down payment of KRW 3(3) is currently in bankruptcy proceeding for Korean Tobacco Co., Ltd., a person who has established a security for the subject matter of sale, is currently in bankruptcy proceeding, and for the subject matter of sale, the current auction procedure for the real estate rent of KRW 30,00,00 by factory mortgage, which is currently

In order to carry out this contract, Gap and Eul are aware that in the bankruptcy procedure for our tobacco corporation, it is necessary to permit the individual sale and to exclude the procedure from the object of auction in the above auction procedure.

(2) If Eul completely pays the down payment pursuant to Article 1 (1), Gap and Eul shall proceed to consult with the parties concerned, the trustee in bankruptcy and the bankruptcy court with respect to the method of sale of the subject matter for sale.

(3) If an agreement on the method of sale and permission for the sale of the subject matter of sale from the bankruptcy court is granted as a result of consultation under paragraph (2), A shall claim for the payment of any balance within a fixed period of 30 days, and Eul shall pay the balance on the balance payment date claimed.

In such cases, A shall designate B or B the subject matter of sale, simultaneously with the receipt of any balance from B.

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