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(영문) 대구지방법원 2017.09.20 2016나309778
약정금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is a person who manufactures bedclothess, etc. and operates a wholesale and retail business with the trade name of “D”. The Defendant is a company established for the purpose of manufacturing bedclothess.

B. On May 2, 2015, the Plaintiff concluded a sales contract with the Defendant on May 2, 2015, the sales contract of KRW 50,000 (No. 314,200,000, KRW 315,000, KRW 316,000, KRW 316,000, KRW 15,000, KRW 15,000,000, KRW 316,000, KRW 248,047, KRW 600, KRW 3145, KRW 315, KRW 220,240, KRW 315, KRW 20240, KRW 310, KRW 317, KRW 300, KRW 300, KRW 317, KRW 208, KRW 3081, KRW 206, KRW 3081, KRW 207, KRW 2081, KRW 2086.

C. The Plaintiff and the Defendant concluded the instant sales contract, and concluded a special agreement that “The value-added tax on the part of the building (hereinafter “value-added tax”) is separate from the sales amount.”

The Defendant’s representative director F (after the Defendant’s representative director was changed to G) remitted the amount of KRW 20,000,000 on June 12, 2015 and KRW 30,000,00 on June 19, 2015 to each Plaintiff’s account in the name of each Plaintiff.

E. On August 28, 2015, the Defendant remitted KRW 1,565,00,000 to the Plaintiff.

F. On August 28, 2015, the Plaintiff completed the registration of ownership transfer on May 22, 2015, for the instant real estate.

[Ground of recognition] without any dispute, Gap evidence 1-1, 2, 2-1 through 3, Gap evidence 3-1 through 3, Gap evidence 4, Eul evidence 1 and 4, and the purport of the whole pleadings

2. The Defendant of the instant sales contract is the actual owner of the instant real estate, and the Plaintiff is only the person who received the registration title from H, and H as the actual party to the instant sales contract must claim the instant contract amount.

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