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(영문) 수원지방법원안산지원 2019.05.13 2018가합7457
양수금
Text

1. The Defendant’s KRW 234,00,000 and the Plaintiff’s annual rate of KRW 5% from July 1, 2018 to May 13, 2019, and the following.

Reasons

1. Facts of recognition;

A. On March 17, 2017, the Plaintiff sold 20,000 shares of Co., Ltd. (hereinafter “C”) that it was the representative director to D for KRW 200,000,00,000, and agreed that the Plaintiff shall be liable and sold by September 30, 2017, E land for factory and its ground (hereinafter the above site is referred to as “instant site”; the above building is referred to as “instant building”; and the above building is added to the above building site and the building is referred to as “instant building”; and the Plaintiff shall be liable and sold by September 30, 2017, except for the subject of sale.

B. On May 12, 2017, C (including value-added tax on the building’s husband F) concluded a contract to sell each of the instant real estate with Defendant (G on behalf of the Plaintiff) (hereinafter “instant sales contract”). The price for the instant building was KRW 530,00,000, and the price for the instant building was KRW 490,000 (excluding value-added tax) and was determined as KRW 1,069,000 (including value-added tax on the building’s portion), and the payment of the price was determined as KRW 120,00,000, KRW 680,000,000, and KRW 220,000,000 (payment on May 17, 2017).

(No reference is made to the payment deadline of value-added tax on the building of this case)

On May 17, 2017, the Defendant paid the down payment of KRW 120,00,000 according to the instant sales contract, and C issued a tax invoice for the total purchase price on the same day.

C issued a revised tax invoice on June 14, 2017, stating that the issuance of the tax invoice under paragraph (c) was revoked on the ground of the cancellation of the contract.

E. F was killed on June 17, 2017.

F. On June 20, 2017, the registration of transfer of ownership in the name of the Defendant was completed on the grounds of the instant sales contract on each of the instant real estate.

G. On August 7, 2017, the Plaintiff and the Defendant (agent G) drafted a written agreement on the instant sales contract (hereinafter “instant agreement”) with the Plaintiff and the Defendant (hereinafter “instant agreement”). The key contents are as indicated in the attached Form.

(h) C shall be April 2018.

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