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(영문) 광주지방법원 2017.04.07 2016가합50193
청구이의
Text

1. A deed drawn up by Locom on December 7, 2007 by the Defendant’s notary public against the Plaintiff, No. 816, 2007.

Reasons

1. Basic facts

A. The Plaintiff (former Trade Name: C) is a company with the purpose of creating park cemeteries and selling management and service business.

B. On December 7, 2007, when the Defendant invested KRW 600,00,00 in relation to G located in the Defendant, D, E, and Gwangju Northern-gu, and one parcel of land (hereinafter “instant charnel”), the Plaintiff purchased the entire site of the instant charnel and related business rights, and sold them to H, the Plaintiff, who is the owner of the said land, through a large-scale repair and extension of the instant charnel, and entered into an investment and a partnership agreement (hereinafter “instant agreement”) with the Defendant at the price of KRW 15% of the shares of the instant charnel and KRW 500,000,00 in return for the purchase of the entire site and related business rights. The main contents of the agreement are as follows.

On the same day, the defendant paid 9,240,000 won to the plaintiff as down payment.

Plaintiff: Defendant A, D, and E: The business location of the Plaintiff: The name of the Plaintiff: F and one parcel (I) other than Gwangju Northern-gu, Gwangju Northern-gu, and the name of the Plaintiff: Article 2 (Method of Payment of Contract Amount) (1) the total contract amount: 600,000,000 won (2) the contract deposit shall be KRW 100,000,000 and the contract shall be paid to “A” at the same time.

3) The balance of the contract amounting to KRW 500,000,000 shall be the payment rate on December 20, 2007. (On the other hand, KRW 200,000,000 out of the above money shall be paid on the day, and KRW 300,000,000 shall be kept by “B” when “A” demands.

4) In the event of failure to comply with the foregoing paragraph 3, the down payment under the foregoing paragraph 2 shall belong to “A” and this Agreement shall cease to have effect.

5) When “A” did not perform its contract, the contract amount will be paid to the Defendant. Article 3(Method of Operating Funds)(1) sets forth the total purchase amount of the above land (F, I), buildings, and obstacles, as KRW 1,200,000,000, including the above land, buildings, and obstacles, as follows:

The term "A" shall be the large repair of a charnel building in the "B" and the above duplicating site.

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