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(영문) 서울중앙지방법원 2016.09.09 2015가단5320315
약정금
Text

The defendant's KRW 179,080,230 for the plaintiff and its 6% per annum from March 3, 2015 to October 5, 2015.

Reasons

1. Basic facts

A. On November 8, 2014, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 269,100 (hereinafter “instant shares”) of registered ordinary shares issued by the Plaintiff from the Defendant, a non-listed company, a non-listed company (hereinafter “Cheongwon”) for KRW 2.6 billion (hereinafter “instant sales contract”).

B. When concluding the instant sales contract, the Plaintiff and the Defendant confirmed that there was an additional “additional liabilities” not entered in the separate financial statements of the instant sales contract and the list of additional liabilities at the time of the conclusion of the contract, they agreed to handle the instant sales contract in accordance with Article 2(3) of the sales contract (attached Form 2(3) (hereinafter “instant provisions”).

C. The clean land farming association (hereinafter “clean land farming association”) issued a promissory note from May 2014 to October 2014, which was prior to the conclusion of the instant sales contract, from May 2014, which was the date of the conclusion of the instant sales contract, as follows, and endorsed the clean land model to each of the said promissory notes.

1) An electronic bill with a face value of KRW 50 million, issue date on June 27, 2014, date of payment November 13, 2014, electronic bill number of KRW 020201406278478519, installment number of KRW 00-01 (hereinafter “instant one bill”).

(2) 2) The face value of KRW 50 million, the date of issuance on June 27, 2014; the date of payment on November 29, 2014; the electronic bill number 02020201406278478522; split-endorse number 03-01 (hereinafter “instant two bills”); the face value of KRW 20 million; the date of issuance; June 27, 2014; the date of payment; November 29, 2014; the number of the electronic bill number 020206275787852; and the installment number 02-01 (hereinafter “instant three bills”).

(4) Promissory notes with face value of 58 million won and due date on December 30, 2014, and with the Government Central Finance of the National Bank Co., Ltd., the payment place, and with the serial number of the Promissory Notes No. 02463861 (hereinafter “instant Four Promissory Notes”), each of the instant Promissory Notes in combination with the instant 1, 2, and 3 Promissory Notes

(d) each of the instant cases issued by clean land.

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