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(영문) 서울고등법원 2016.09.06 2016나2007782
손해배상(기)
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded in the trial room, shall be modified as follows.

The defendant.

Reasons

1. The reasoning for this part of the lower court’s reasoning is the same as that of “1. Basic Facts” in the judgment of the first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on a purchase price (including new factory construction price) and a claim for additional construction price

A. 1) The Plaintiff asserts that the amount of the purchase price (including new construction of a factory) was set at KRW 3,800,000,000, which includes the land purchase price and the new construction price of a factory, the Defendant asserts that the total purchase price stipulated in the sale and purchase contract of this case is KRW 3,300,000. Therefore, as to whether the sale and purchase contract of this case set at approximately 3,300,000,000, including the land purchase price and the new construction price of a factory, the Plaintiff and the Defendant entered the sale and purchase contract of this case into on November 18, 2013, the fact that “the total purchase price of this case was set at KRW 3,80,000,00,000” as stated in Article 2(1) of the Real Estate Sale and Purchase Contract (Evidence No. 14), stating that the Plaintiff and the Defendant’s representative director at the time of the conclusion of the sale and purchase contract of this case was set at KRW 000,00,00,00,00,00, and 300,0,0,0, etc.

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