구상금
The Defendant-Counterclaim Plaintiff’s appeal is dismissed.
Expenses for appeal shall be borne by the Defendant (Counterclaim Plaintiff).
purport, purport, and.
1. The reasoning of the judgment of the court of first instance and its modification are as follows, except for the following changes, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
In the fourth 4th 16th 16th 2nd 4th 16th 16th 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 1st 2st 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 5th 5th 6th 6th 6th 20th 2nd 20th 50th 2nd 50th 2nd 2nd 1st 1st 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd
In light of the following circumstances, the value of the instant entertainment room at the time the Defendant transferred the instant entertainment room to J may be deemed as KRW 242,040,000.
Therefore, the plaintiff suffered losses of 121,020,000 won (=242,040,000 x 50%) which is 50% of the value of the above entertainment room due to the defendant's tort.
① In addition to the sum of KRW 95 million, including the deposit and operating expenses of the instant entertainment room, the J paid KRW 47,040,000 in total, including the overdue rent, and additionally paid KRW 100 million.
Since the above KRW 95 million and KRW 47,040,00 in lieu of a partial payment of the acquisition price, the defendant and the J assessed the value of the entertainment room of this case into KRW 242,040,000, which is the sum of the above amounts, and entered into a transfer contract.
Therefore, such value can be viewed as the market price of the entertainment room of this case, barring special circumstances.
On the other hand, at the time of transfer by the defendant, the value of the entertainment room is 242,00 won.