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(영문) 서울남부지방법원 2013.11.07 2012가합12376 (1)
계약금반환 등
Text

1. The Defendant (Counterclaim Plaintiff) shall list the attached Form 1 established in the building indicated in the attached Table from the Plaintiff (Counterclaim Defendant).

Reasons

. Each of the Defendant paid KRW 40,448,00 on the date of the contract, and KRW 100,000,000 on November 24, 201, respectively, as down payment, KRW 140,448,000.

The J explained that at the time of the instant sales contract, the Plaintiff can use the front end of the instant factory and may receive a loan from the Small and Medium Business Corporation at least 80% of the sales price, and made the following agreements (hereinafter “instant agreement”) under the name of the representativeJ of the seller of the E-building:

The letter of agreement of this case

1. A partitions Corporation shall be established at least 75t of fire prevention teams;

2. When concluding a contract for sale in lots with the defendant, no discount below this contract shall be sold.

3. The funds for cooperation with the small and medium enterprise promotion corporation shall be financed by at least 80 percent of the total purchase price in the original unit;

5. After the registration, the tent Corporation shall be able to install a temporary building after obtaining a temporary building permit from Kimpo-si.

* Payment of the full down payment and of the director’s expenses will be made with the contract termination money in the event of the terms of this Agreement above.

E. Around December 201, the Plaintiff obtained the Defendant’s permission, and established a crane in the instant factory as specified in attached Table 2 (hereinafter “instant crane”). Around December 201, the Plaintiff paid KRW 70 million (excluding value-added tax) to the propelling Korea Co., Ltd., which produced and installed the said tea.

F. On the other hand, around January 2012, the Korea Technology Credit Guarantee Fund applied for a provisional disposition against prohibition of disposal on January 9, 2012 on the ground that the right to claim restitution due to the revocation of fraudulent act was a preserved right to the factory of this case, and the provisional disposition against prohibition of disposal was registered (hereinafter “the provisional disposition registration of this case”).

G. On January 31, 2012, the Plaintiff filed an application with the Small and Medium Business Corporation for the remainder payment, and the Small and Medium Business Corporation around February 2012, via telephone to the Plaintiff.

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