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(영문) 서울중앙지방법원 2019.10.30 2018가단5189751
계약금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

B. As of January 25, 2017, the Plaintiff entered into a sales contract with the Defendant, setting the price of the instant factory assets (3.6 billion won) and the FF shares (700 million won) in the name of the Defendant, at KRW 4.3 billion, and again entered into a sales contract with the Defendant, and then, on January 24, 2017, entered into a sales contract with the content that only the instant factory assets are transferred.

(hereinafter “instant sales contract”). The main contents of the instant sales contract are as follows.

Article 1 Subject to the acquisition limit shall be as follows:

The details of the asset transfer (amount unit: 12,149 square meters in the original account; 12,40,000 G factory site C with an amount of 11,581 square meters in land,581 square meters 976,900,000 buildings C business Dong, warehouse, 7,182.87 square meters in a warehouse, 360,000 square meters in buildings, and 200,000,000,000 facilities outside of C wastewater treatment facilities outside of C, and 1,730,000,000,000 C, and 2,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,0000,000,0000,000,000,000,000 2.316.

(2) The second contract amount shall be paid in cash not later than April 28, 2017 to the above transferee account: 200,000,000.

(3) The balance shall not be paid in cash, not later than June 30, 2017, in total, KRW 4,247,270,000 ( KRW 4,000) and KRW 270,000 ( KRW 4,247,270,000) plus KRW 242,270,000 ( KRW 4,270,000).

Article 5:In the event the cause of termination of the contract occurs after the termination of the contract and the payment of the down payment of the contract, if the cause provider is the transferor, he shall be compensated twice the down payment, and in the case of the transferee, he shall waive the already paid down payment

§ 7. (1) This Agreement shall be entered into by the transferee.

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