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(영문) 서울남부지방법원 2017.08.18 2017나52137

매매대금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. On April 2014, the Plaintiff acquired a trade name “D” store located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant store”) and operated the instant store directly by the Defendant instead of the Plaintiff from October 6, 2014, in order to sell the instant store, while engaging in a physical business that maintained the name of the former transferor, and at around September 2014, the Plaintiff borrowed the business name to the Defendant and registered the business in the name of the Defendant.

B. The Plaintiff and the Defendant agreed that the sales price of the instant store shall be KRW 120 million, but the Plaintiff and the instant store shall be KRW 657,860,000,000,000,000,000,000,000,000 won, including food materials and active fish, salary, electricity, etc. incurred by the Plaintiff in operating the instant store prior to the conclusion of the instant contract, and KRW 357,860,00,000,000,000,000,000,000,000, which was paid by the Defendant, to the Plaintiff on March 4, 2015, concluded a sales contract for the instant store on March 4, 2015, as follows (hereinafter “instant contract”).

A sales contract shall be entered into with the present owner agreement and a sales contract with the defendant for a sales contract and a sales contract.

The store and address: The balance of KRW 45 million in the purchase and sale price of Gangnam-gu Seoul Metropolitan Government: the plaintiff, purchaser: the defendant, and the purchaser: F; the remainder shall be deposited at KRW 30 million in the 15th day of March, 2015; the last balance shall be paid at KRW 45 million until May 30, 2015.

In this regard, the sales of the store shall be disposed after the deposit is completed.

In the event of violation, civil and criminal liability should be imposed.

C. The Defendant: (a) as part of the instant down payment, KRW 10 million on February 11, 2015; (b) KRW 10 million on February 26, 2015; and (c) March 2015.