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(영문) 의정부지방법원 고양지원 2018.08.10 2017가합75616

매매대금

Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 14, 2017, the Plaintiff entered into a sales contract with the Defendants on the condition that, between the Defendants, the Plaintiff would sell a reinforced concrete accommodation facility of KRW 1,650,000,000 for KRW 1,650,000,000,000,000 (hereinafter “the instant cartel”) with the name of “DMoel,” and that, at the same time, the Defendants would take over and deduct the collateral obligation of KRW 1,04,000,000 from the purchase price. In short, the Plaintiff entered into a sales contract with the Defendants on August 14, 201, stating the remainder of KRW 1.65,50,00 (payment at the time of a contract) KRW 1,50,00,000 (payment at the time of a contract) and KRW 1.75,000,000,000,000 for KRW 1,815,0050,000.

B. After receiving KRW 308,525,280,000 from the Defendants on August 14, 2017, and KRW 150,000,000 from August 31, 2017, the Plaintiff received KRW 308,525,280 from September 18, 2017 to December 33, 2017. In other words, the Plaintiff returned the said KRW 308,525,280 to the Defendants around September 14, 2017.

On September 20, 2017, the Plaintiff received additional KRW 70 million from the Defendants.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the cause of the claim, the Plaintiff sold the instant cartel to the Defendants in KRW 1.65 billion, and the Plaintiff received only KRW 610 million out of the remainder of the purchase price, which was obtained by the Defendants, after deducting the amount of KRW 1.64 billion from the secured debt amount of the right to collateral security acquired by the Defendants (= KRW 1.65 billion - KRW 1.64 billion - KRW 1.0 million on August 14, 2017) (= KRW 150 million on August 31, 2017), and barring any special circumstance, the Defendants received only KRW 150 million from the Plaintiff on September 20, 2017, KRW 70 million on September 20, 2017.