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(영문) 인천지방법원 2020.02.12 2018나62808

약정금

Text

1. Of the part against the defendant in the judgment of the court of first instance, the part against the plaintiff ordering payment below.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who has operated the “E golf practice range” (hereinafter “instant golf practice range”) on the first floor of the underground floor of the Dalle-si D Building in Bupyeong-si, and the Defendant is a spouse of G who is C’s son.

B. On November 30, 2016, the Plaintiff and C concluded a transfer/acquisition contract (hereinafter “instant transfer/acquisition contract”) with respect to all the facilities and rights of the instant golf driving range: (a) the Plaintiff, transferee, and transfer proceeds (i) KRW 125,00,000 (i.e., intermediate payment of KRW 50,000,000 (i.e., intermediate payment of KRW 30,000,000) as the remainder of KRW 45,00,000 (hereinafter collectively referred to as “the instant transfer/acquisition contract”).

C. On November 30, 2016, C paid 50,000 won of the instant transfer proceeds to the Plaintiff.

On December 11, 2016, with respect to the payment of the remainder of KRW 45,00,000 (excluding value-added tax of KRW 3,000,000) out of the transfer proceeds of this case, the Plaintiff and C agreed to pay KRW 31,00,000 to the Plaintiff by February 28, 2017, instead of bearing KRW 17,000,000 for screen golf machines lease fees of KRW 31,00,000 for the remainder after deducting it by C. In the absence of any of the children of C at the time, C borrowed a loan certificate to the effect that “C borrowed KRW 31,00,000 for the remainder corresponding to the remainder (hereinafter “the loan certificate of this case”).

E. At the time of the preparation of the loan certificate of this case, C is the borrower, and F signed as the observer, and the name of the defendant was stated in the loan guarantor column at the bottom, and the seal impression in the name of the defendant was affixed next thereto.

F. Pursuant to the instant transfer/acquisition agreement, C paid KRW 30,000 among the instant transfer proceeds to the Plaintiff on or before December 12, 2016, but thereafter did not pay KRW 31,000,000 agreed as the instant loan certificate.

G. Meanwhile, after the instant transfer and acquisition contract, the instant golf driving range is registered under the name of the Defendant, and the lease contract and screen golf of the said golf driving range.