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(영문) 의정부지방법원 고양지원 2017.01.13 2016가합73354

매매대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 400,000,000 won and each year from January 2, 2015 to March 31, 2015.

Reasons

1. Determination on the claim for the purchase price and lease deposit

A. A. On October 201, the Plaintiff leased the instant building from the Defendants, the Plaintiff paid KRW 300 million to the Defendants with the lease deposit, and operated the outdoor golf driving range. On January 1, 2014, the Plaintiff sold all the outdoor golf equipment and the interior equipment installed by the Plaintiff in the said store to the Defendants for KRW 100 million, and the Defendants agreed to refund the lease deposit upon termination of the said lease agreement (hereinafter referred to as the “instant agreement”). The Plaintiff agreed to pay the Defendants the total amount of KRW 100 million and KRW 300 million from the following day to January 1, 2015, and the amount of repayment of KRW 300 million from the following day to the date of the agreement to pay the Defendants the amount of interest on delay at the rate of KRW 300 million from January 25, 2015 to 300 million from the date following the date the agreement was concluded, and there was no dispute over the Plaintiff’s annual interest on delay from the date following the said agreement.

B. Furthermore, in full view of the purport of Gap evidence No. 1 and the entire pleadings, the defendants are acknowledged to have concluded the instant agreement in the store of this case for the purpose of running the business of the outdoor driving range. Thus, the defendants are jointly and severally liable to pay their obligations under the instant agreement due to the act that constitutes a commercial activity, and the defendants are jointly and severally liable to pay their obligations.

(Article 57 (1) of the Commercial Act).

Therefore, the Defendants are jointly and severally liable to the Plaintiff for a total of KRW 400 million and deposit money for lease under the instant agreement and the following day from January 2, 2015 to March 31, 2015.