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Reasons
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(영문) 대구지방법원 2016.07.27 2015나310184
약정금
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1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Facts of recognition;

A. On June 15, 2012, the Defendant decided to purchase “the head office, the head office, the first factory, and the second factory of the Co., Ltd. (hereinafter “the instant scrap metal”) in the amount of 900 million won (value-added tax separate),” and the Defendant agreed to guarantee that the instant scrap metal, which is the subject matter of sale, is 2,300 tons.

After that, on June 25, 2012, the Defendant and Qatal DNA drafted a sales contract with the above terms and conditions.

B. On June 20, 2012, the Plaintiff, along with C, purchased the instant scrap metal from the Defendant, drafted a sales contract with the following contents (hereinafter “instant sales contract”).

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1. The total purchase price shall be nine hundred and fifty million won;

2. A contract deposit shall be paid in KRW 200 million, and the amount shall be paid in KRW 200 million on June 25, 2012.

3.The above amounts to 550,000,000 won shall be the substitution of goods by selling them.

4.The above goods shall be subject to the amendment of total 2,300T.

5.For cases other than those mentioned above, general practices.

6.The above down payment and intermediate payment will be approved by the sum of KRW 950,000,000,000 for the seller’s sales proceeds, and then the buyer will hand over the site.

7. The present working cost is 50 won per KG, and if the block is sold remarkably well, the amount of 30 won per KG shall be borne by the number of pages.

50% of the corporate profits of the above seller sold by the above seller to the plaintiff's above buyer by the plaintiff, shall be 50% of the corporate profits of the seller Gap and Eul respectively.

This purport is that the Plaintiff and C distribute the profit under the instant sales contract to 50%.

(A) No. 10-3, c.

According to the instant sales contract, the Plaintiff paid KRW 200 million to the Defendant on June 20, 2012, which is the contract date, and KRW 200 million to the Defendant on June 22, 2012, the intermediate payment of KRW 200 million, which is the partner, to the Defendant. However, the Plaintiff borrowed KRW 200 million to C.

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