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(영문) 서울서부지방법원 2017.08.10 2015가합37450
매매대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 580,000,000 to the Defendant (Counterclaim Plaintiff) and its related amount, the Plaintiff (Counterclaim Defendant) from September 7, 2015 to October 26, 2016.

Reasons

(a).(a).

From July 9, 2015, the Plaintiff is a company that operated a mutual marina (hereinafter “instant marina”) called “E” under the ground of the Seodaemun-gu Seoul Western Building D.

B. On September 1, 2015, the Plaintiff and the Defendant concluded a premium contract for the trade of commercial marina (hereinafter “instant contract”) with the Defendant to acquire the instant marina (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 1 (Payment of Premiums) A new lessee (Defendant, hereinafter the same shall apply) shall pay premiums to lessees (Plaintiffs, hereinafter the same shall apply) as follows:

The amount of total premium shall be paid and received at the time of the contract at the time when the contract is made, including the 1,500,000,000 additional tax (including rental deposit) 1,50,000,000 won (Won 1,50,000). The amount of the first intermediate payment (payment on September 1) shall be paid on September 4, 2015.

The second intermediate payment shall be paid on September 7, 2015.

Any balance of lurl0 million won (770,000,000) shall be paid on September 10, 2015.

* If a lease contract is not concluded between a lessor and a new lessee by the outstanding payment date, the lease contract date will be deemed the outstanding payment date.

Article 2 (Obligations of Lessees) (3) The lessee shall transfer the following tangible and intangible property value in return for the premium until the new lessee pays any balance:

1. On the 11. On the 11. On the 11. On the 11. On the 10th day selling goods, the sales shall be paid after deducting the outstanding amount from the customer after the inventory of the goods.

(Purchase cost deduction) 3% of the total amount of grain, miscellaneous, office, and gyms shall be 12. The number of irons shall be 12. The place of sub-lease business, and the number of refined land deposit (sale price) shall be succeeded.

(Attachment of Contract)

C. According to the instant contract, the Defendant calculated a down payment, KRW 730,000,00 in total in the first intermediate payment of KRW 130,000 in the first intermediate payment of KRW 300,000 in the second intermediate payment of KRW 300,000 in the second intermediate payment of KRW 300,000 in the Plaintiff.

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