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(영문) 부산지방법원 2018.04.04 2017가합43858
양수금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 26, 2015, the rehabilitation company concluded a sales contract with the J (hereinafter “J”) on the following terms (hereinafter “instant sales contract”) with a view to selling KRW 36 (L, M, N-O, P-P, Qho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho-ho (hereinafter “instant building”) at KRW 11.5 billion.

J paid down payment of KRW 1150 million to the rehabilitation company on the same day.

Article 3 (Payment of Sales Price and Sales Price) 11,50,000,000,000 on the payment date of the balance of the purchase price and the balance of the down payment for commercial buildings, and 11,50,000,000 on October 26, 2015

4. The time of payment of the purchase price is as follows:

5. The J may request in writing a rehabilitation company to extend the balance payment date under paragraph 4 of this Article within the limit of 15 days each time within the limit of 15 days per annum, and if the J requests the extension of the balance payment date, it shall pay interest for arrears of 6% per annum on a daily basis to the designated account under paragraph 3 of this Article before the balance payment date under paragraph 4 of this Article.

In such cases, the rehabilitation company shall be deemed to consent to the extension of the remaining payment date.

(hereinafter referred to as the "Cancellation or Termination of Contract") A rehabilitation company may immediately cancel or terminate this contract in any of the following cases by the J, and in such a case, the down payment which the J has already paid shall be treated as the full recovery company without any condition, and the J shall not raise any objection thereto:

1. If the J fails to pay the remaining balance by the due date of the balance payment under Article 3(4) and (5) of this Agreement, this Agreement shall be deemed terminated without any separate notice.

B. As the J failed to comply with the remainder payment period stipulated in the instant sales contract, the rehabilitation company and the J are called “the first modified contract with the following terms and conditions as of December 16, 2015”.

AB concluded the agreement.

J shall make an additional down payment in accordance with the first modified contract.

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