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(영문) 수원지방법원평택지원 2020.04.09 2019가합8513
구상금
Text

1. The Plaintiff:

A. Defendant B Co., Ltd.: (a) KRW 4,410,483,518; and (b) from June 6, 2019 to April 9, 2020.

Reasons

1. Basic facts

A. The Plaintiff, E, and Defendant D: (a) was divided into 1,309,453 square meters of F forest in Ansan-si (432,119 square meters of G forest and 457,787 square meters of H forest and 419,547 square meters of forest and 457,787 square meters of land on June 30, 2016); and (b) the area was 419,54

Forest land before the division is referred to as "land 1";

(A) 10,792 square meters (hereinafter referred to as “second-party land”) for an I farm site.

3) In the case of J Forest land 368,097 square meters (hereinafter “third land”), each of the instant lands is referred to as “each of the instant lands” in the case of the common name of the land Nos. 1, 2 and 3

2) The Defendant Company is a company established for the purpose of the business of collecting aggregate and selling aggregate, and Defendant C is the representative director of the Defendant Company.

B. 1) E, including the conclusion of a sales contract with Defendant Company, on August 27, 2015, between the Defendant Company and the Defendant Company, as well as the 628,963/1,79,150 shares, which are part of its ownership shares, out of the land 1 (hereinafter “first shares”).

(ii) 719,805/1,799,150 shares in each of the lands 2 and 3 (hereinafter referred to as “2 and 3 shares”) owned by them, and in the case of the foregoing 3 shares in common, “each of the shares in this case”.

A) Sales contract to sell the purchase price of KRW 7 billion to the Defendant Company (hereinafter “first sales contract”).

Upon entering into a contract, the Defendant Company: (a) paid the down payment of KRW 720 million on the date of the contract; (b) paid the intermediate payment of KRW 4.2 billion on March 24, 2016; and (c) agreed to pay the balance of KRW 2.1 billion on May 24, 2016; and (b) agreed to pay the remainder of KRW 2.2% on the same day by adding the damages for delay. E received the down payment from the Defendant Company; and (c) Defendant C guaranteed the obligation under the first sales contract for the Defendant Company E; (b) Defendant C jointly guaranteed the obligation pursuant to the first sales contract for the Defendant Company E; and (c) was demanded by the Defendant Company to complete the registration of ownership transfer in the name of the Defendant Company on each of the instant shares before paying the intermediate payment in order to promote the collection and collection business of soil and stone early from the land subject to the first sales contract; and (d) written a written statement of performance between the Defendant Company

(2).

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