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(영문) 대구지방법원 2016.11.02 2015가단37006
매매잔대금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 32,967,538 to the Defendant (Counterclaim Plaintiff) and its amount from December 3, 2015 to November 2, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. On June 12, 2014, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with respect to each of the following real estate (hereinafter “each of the instant real estate”) that the Plaintiff operated as a gas station for the purpose of operating the gas station with the Defendant.

The main contents of the instant sales contract are as follows.

[The main contents of the instant sales contract] Land for the subject matter of sale: 1st floor of Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeongbuk-gun, and 1st floor petroleum selling places of one-story petroleum selling places of one-story in office, office 163.5 square meters in office, office 39 square meters in a single-story petroleum selling places of 350,000 m2: 30,000 down payment- 30,000 won (10,000,000 won) in June 12, 2014; 20,000,000,000 won in total (payment before July 10, 2014; 20,000,000 won in total) in lieu of a special contract for intermediate payment of 270,000 won in lieu of 200,000 won in total and 300,000 won in total (50,000 won in total credit cooperatives).

Provided, That the plaintiff shall be responsible for fines and other matters caused by the plaintiff among the businesses.

After one year and six months, two tanks and two business transaction places shall be transferred to the defendant.

By July 10, 2014, the Defendant paid the Plaintiff a down payment of KRW 30,000,000,000 to the Plaintiff. On July 15, 2014, the Defendant acquired the Plaintiff’s loan obligations to Samda Credit Union, and completed the registration of ownership transfer on each of the instant real estate on July 18, 2014.

On May 20, 2014, the Daegu Western Police Station and the Daegu North Korea Institute of the Institute conducted on-site inspections on gas stations (E stations) operated by the Plaintiff, and the Plaintiff sold lux oil as fuel of the vehicle and discovered that lux oil was limited to cargo vehicles using mobile-sale vehicles.

On September 22, 2014, the Gyeongbuk-do Armed Forces of Gyeonggi-do will serve as a volunteer for the plaintiff.

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