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(영문) 인천지방법원부천지원 2016.04.22 2015가단12347
계약금반환등
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 60,000,000 as well as to the Plaintiff from April 5, 2016 to April 22, 2016.

Reasons

1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence No. 2; (c) evidence No. 1; and (d) No. 16-1 and No. 2; and (c) the fact inquiry of the Kimpo market on March 17, 2016.

On March 24, 2015, Defendant C entered into a contract on behalf of Defendant B Co., Ltd. (hereinafter “Defendant B”) to sell KRW 80,000,000 (a contract deposit of KRW 10,000,000 at the same time as the contract was entered into, and the remainder of KRW 70,000,000 was paid as KRW 10,000 on April 6, 2016) on behalf of Defendant B Co., Ltd. (hereinafter “Defendant B”), and received payment from E deposit on the same day.

B. On April 10, 2015, E agreed to pay the remainder of KRW 20,000,000 to Defendant C and extend the payment date of the remainder by April 30, 2015.

C. Around April 17, 2015, Defendant D, delegated by Defendant D, paid Defendant C the remainder of KRW 30,000,000 to Defendant C, and, on April 30, 2015, issued to Defendant C a letter indicating the name of D, a limited partnershipF, representative employees G, general partner E, and joint and several sureties, with the intent to receive the remainder of the balance. Defendant C, while delivering documents on the transfer of the name of Defendant B’s passenger transport business to Defendant D, agreed to cancel the restriction on government-licensed business attached by the Kimpo book to Defendant B by April 30, 2015.

On April 27, 2015, the Plaintiff established a limited partnership F in order to operate passenger transport business with Defendant C as a partner, and the total of KRW 60,000,000,000,000,000,000, which was paid by E (hereinafter “prepaid purchase money”) was paid in its own money and demanded to prepare a new contract in its own name. Defendant C obtained permission from Defendant D and E, and Defendant C entered into a contract with the Plaintiff on March 24, 2015, with the right to register the transportation business between the Plaintiff and the Defendant as the purchase price of KRW 80,00,000,000.

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