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(영문) 서울중앙지방법원 2017.02.06 2015가합13541

매매대금

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1. The Defendant’s KRW 250,000,000 as well as 5% per annum from June 4, 2015 to January 20, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On June 29, 2012, the Plaintiff and C’s dental business takeover agreement entered into a business transfer agreement with the said E dental clinic with the name of “E dental clinic” in Gangnam-gu Seoul on June 29, 2012, and the said dental clinic was operated. C completed business registration with the trade name of “G dental clinic” in Gangnam-gu Seoul on June 12, 2012 (hereinafter “G dental clinic in Gangnam-gu, Seoul”) and operated the said dental clinic. (2) On July 24, 2012, the Plaintiff entered into a business transfer agreement with C to transfer the said E dental clinic business with the transfer proceeds of KRW 500 million (hereinafter “the instant transfer proceeds”). The Plaintiff received KRW 310 million from the transfer proceeds by April 25, 2013, and KRW 190 million,000,000,000,000, out of the transfer proceeds, to be paid by installments 300% of its net income each year.

3) On July 25, 2012, C is a notarial deed of a monetary loan agreement with a notary public (hereinafter “notarial deed of this case”) with a loan of KRW 310 million with a loan of KRW 915,000,000 due date, up to April 25, 2013 with a due date, up to April 25, 2013, and 18% per annum to the Plaintiff on July 25, 2012.

On August 9, 2012, C prepared a loan certificate with loans of KRW 190 million, the due date for repayment, KRW 190 million, and KRW 18% per annum on November 9, 2013. 4) C changed the trade name of the said I dental clinic to E dental clinic (K dental clinic after the change on November 25, 2015.) on August 9, 2012, C completed a report on change of medical institution adding Gangnam-gu Seoul Metropolitan Government D and a report on change of business registration.

(hereinafter “instant dental practice”). B.

On the basis of the instant notarial deed, the Plaintiff entered into a contract for the seizure and collection of claims under the Seoul Central District Court 2012TTT 37198, 2012TT 37648, and C entered into a contract for the seizure and collection of claims on February 28, 2013 with the Plaintiff on February 28, 2013, for the transfer of the E dental clinic’s business to the Plaintiff of the instant dental surgery located in Gangnam-gu Seoul Metropolitan Government.

Accordingly, the Plaintiff is against each other.