(영문) 서울중앙지방법원 2015.12.03 2014가단5213342

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(영문) 서울중앙지방법원 2015.12.03 2014가단5213342

매매대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 56,00,000 to the Plaintiff (Counterclaim Defendant) and its amount from August 28, 2014 to December 3, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff owned a “instant site” site (hereinafter “instant site”). On March 22, 2013, the Plaintiff concluded a contract to sell the instant site for KRW 100 million to the Defendant, and agreed to jointly carry out the instant project (hereinafter “instant project”).

B. Accordingly, the Plaintiff and the Defendant concluded the instant business investment contract on the same day, and the Plaintiff invested KRW 75 million in capital, and the Defendant provided the model protocol free of charge for the instant business.

C. The Defendant failed to pay the remainder by the date of the initial contract. On May 22, 2013, the Plaintiff and the Defendant concluded a contract under which the content of the previous contract was revised (hereinafter “instant revised contract”) and the relevant major contents are as follows.

1. The sales price of the site of this case shall be KRW 1.2 million.

(A) does not modify a sales contract, and maintain the sales amount in KRW 100,000.

(B) The remaining amount of KRW 20 million is promised to pay by June 3, 2014, and the loan certificate shall be issued KRW 20,000.

2.AD Investment Agreement shall be waived.

(A) waives the initial contract of investment and waives all rights to the project in question.

(B) The Plaintiff consented to the progress of the instant project, and provide C-related database (based protruding, etc.).

(C) If it is impossible for the Plaintiff to proceed with the pertinent project, the amount of 50 million won less the initial purchase price shall be refunded, as the Plaintiff’s failure to comply with subparagraph (B) in the future.

3. The penalty shall be paid in addition to KRW 10,00,00,000 if the plaintiff's virtual title D business cannot be carried out.

(A) If the proceeding of the Plaintiff’s business is not possible or abandoned due to the reversal or modification of this contract, the penalty shall be paid in the amount of KRW 10 million, recognizing the Defendant’s partial responsibility.

(B) for convenience, the loan certificate referred to in section 1(b) is a special agreement.

유사 판례

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