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(영문) 인천지방법원 2018.10.19 2017가단207924

매매대금

Text

1. The Defendant’s KRW 5,082,380 as well as the Plaintiff’s annual rate from June 22, 2018 to October 19, 2018, and the following.

Reasons

1. Basic facts

A. On July 9, 2016, the Plaintiff prepared a contract with the Defendant for the transfer of real estate rights with a content that the Plaintiff sells to the Defendant all business rights, including deposits, facility expenses, customers, machinery and equipment, and vehicles listed in [Attachment List 1 and 2] related to the “Ycheon Gyeyang-gu C” (hereinafter the “laundry”) operated by the Plaintiff, for the transfer of real estate rights at KRW 90 million.

B. The Defendant acquired the instant laundry from the Plaintiff, and paid the Plaintiff KRW 78 million out of the price of KRW 90 million stated in the said contract.

C. Meanwhile, while the Defendant acquired and operated a motor vehicle listed in the separate sheet Nos. 1 and 2 from the Plaintiff, it did not complete the transfer registration of ownership on each of the above motor vehicles.

In addition, while the defendant is operating each of the above vehicles, fines for negligence of KRW 2,907,580, environmental improvement charges, and automobile taxes were imposed on the above vehicles.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3 through 7 (including virtual numbers), Eul evidence 1 and 2

2. The assertion and judgment

A. The Plaintiff’s assertion that the transfer price of the instant laundry was 130 million won in fact, and due to the Defendant’s circumstances, only KRW 90 million in the contract was stated in the contract.

Therefore, the Defendant should pay the remainder of KRW 52 million to the Plaintiff ( KRW 130 million - KRW 78 million).

However, the Defendant bears the transaction amount to be borne by the Plaintiff, 2,570,000 won, the amount of oil outstanding, 3,242,400 won, 2,912,800 won, and 1,100,000 won on behalf of the Plaintiff. As such, the Defendant’s total amount to be paid by the Plaintiff to the Defendant is KRW 9,825,200, and the amount to be paid by the Defendant to the Plaintiff is KRW 42,174,800, if the Defendant offsets the balance of the transfer price to the Plaintiff from an equal amount.

In addition, the defendant, while operating a motor vehicle without implementing the transfer registration procedure for the ownership of the motor vehicle stated in the attached list 1 and 2, was ordered to remove KRW 2,907,580.