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(영문) 의정부지방법원 2017.06.02 2014가합5552
매매대금
Text

1. The Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) Company A and its amounting to KRW 403,046,028.

Reasons

1. Facts of recognition;

A. Plaintiff A Co., Ltd (formerly referred to as “D Co., Ltd.”; hereinafter referred to as “Plaintiff A”) is a company established on July 19, 2002 and engaged in the sales of electric equipment, real estate leasing business, housing construction business, etc.

Plaintiff

B was the representative director of the Plaintiff A, and is currently in office as the auditor.

The defendant is a company that is established on February 22, 2008 and runs the manufacturing and sales business of electric temperature teams and temperature control units.

B. On November 9, 2012, Plaintiff A entered into a sales contract (hereinafter “instant sales contract”) with the Defendant to sell the purchase price of KRW 4.7 billion (the remainder KRW 4.7 billion, the remainder of KRW 4.23 billion, and the remainder of KRW 4.23 billion on December 31, 2012) to the Defendant on the purchase price of KRW 4.7 billion (hereinafter “instant building”).

C. Although the Defendant intended to obtain a bank loan to pay the price under the instant sales contract, it was difficult to obtain the loan due to the lack of access to the instant building, the Defendant and the Plaintiffs were to add 1/2 shares in the F. F. F. F. 1,228 square meters, G. B. owned by the Plaintiff, ② G. 98 square meters, ③ 1/2 shares in the H. 44 square meters, ④ 1/2 shares in the H. 715 square meters, among 715 square meters in the instant sales contract.

Accordingly, on January 10, 2013 and February 27, 2013, the Defendant prepared a sales contract and sales contract with the Plaintiffs and the Plaintiff, and decided to pay the remainder to the Plaintiff by February 27, 2013, with the total sum of KRW 4.57 billion for the instant building and site in which the purchase price to be paid to the Plaintiff A is KRW 4.8 million for the said F’s land. The purchase price to be paid to the Plaintiff B is the sum of KRW 94.9 million for the said G land, KRW 65 million for the said G land, KRW 338 million for H land, KRW 3.5 million for the said land, and KRW 65 million for the remainder.

The Defendant’s sales price under the instant sales contract is KRW 300 million for the Plaintiff A on November 31, 2012.

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