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(영문) 서울고등법원 2016.10.28 2016나2010719
매매대금반환
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

(a)in concluding the contract, the representative director refers to “A” and the transferee shall be referred to as “B” and shall be subject to the following conditions:

Article 1 Location of Transfer or Acquisition Articles: Seo-gu Incheon Metropolitan City.

(e) Land category: 2,272 square meters A shall transfer to A all the rights of 10,00 shares and all the management rights of D Co., Ltd., a management of which are conducted by A;

Article 2:Method of Payment of 1.9 billion won: 1.1 billion won for down payment (payment upon contract) and the balance of 1.8 billion won (payment on April 28, 201) - C provides all documents necessary for bank loans and adjusts existing loans to Han Bank.

(1.50 million won loan and trust. - Any balance shall be paid and any change of title, including ownership, shall be made at the same time.

- If a bank loan is less than the balance, it shall be paid in cash and the loan shall be paid by the bank in the presence of the defendant.

-the National Bank of Korea********************** Article 4, Party A shall deliver to B all transfer and takeover documents in accordance with this contract.

Matters not stated in this Agreement shall be governed by general practices.

The term "A": The name of the F representative director of Guro-gu Seoul Metropolitan Government: The 201/902 A of Gyeyang-gu Incheon Metropolitan City 201/902 of the official seal of the representative director of the corporation B.

B. The Plaintiff filed a lawsuit against C to seek restitution following the rescission of the instant contract (Seoul District Court 2012Da15592). Since the instant contract was rescinded by the Plaintiff’s declaration of intent of rescission on May 8, 2011, based on C’s delay, C is obligated to pay to the Plaintiff delay damages for delay from July 1, 201 to July 23, 201, as the Plaintiff seeks, as sought by the Plaintiff, the amount of KRW 120 million and the transfer price of KRW 22 million due to the rescission of the instant contract. As such, C appealed appealed appealed, but it appealed on May 21, 2014.

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