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(영문) 창원지방법원마산지원 2014.02.07 2013가합911
매매대금
Text

1. The Defendant’s KRW 20,000,000 as well as 5% per annum from May 18, 2012 to February 7, 2014 to the Plaintiff, and the following.

Reasons

1. In full view of the facts of recognition as Gap evidence No. 1 (a sales contract of factory, and the defendant's seal image part is presumed to be the authenticity of the whole document as a result of the plaintiff's questioning, and the purport of the whole pleadings, the plaintiff entered into a sales contract made on May 17, 2012 with the defendant and Hanam-gun, Hanam-gun, C, land for factory (hereinafter "the building of this case"), on the ground thereof (hereinafter "the building of this case"), electricity facilities (250kw), C, C, and other machinery and equipment (hereinafter "the machinery of this case"), and the sales price of this case 2,00,000,000,000, and the payment date of the purchase price of this case as of May 17, 2012, and the fact that the plaintiff paid the sale price of this case to the plaintiff around 1,042,200,757,800,200 and the building of this case as a separate contract (the building of this case).

2. According to the above facts finding as to the cause of the claim, the Defendant shall pay to the Plaintiff the purchase price of KRW 200,000,000 and its additional tax of KRW 220,000,000 and the additional tax of KRW 20,000,000, and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from May 18, 2012, which is the date of this decision, until February 7, 2014, as the Plaintiff seeks from May 18, 2012, and from the next day to the date of full payment, 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, barring special circumstances.

3. As to the judgment on the Defendant’s assertion, the Defendant purchased only the instant land and buildings from the Plaintiff in KRW 1,800,000 (a separate building tax), and did not purchase the machinery and business rights. However, for the purpose of increasing the amount of loans from the Bank, Party A (a sales contract for factory) additionally entered the sales price for the instant machinery and business rights.

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