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(영문) 수원지방법원 2018.11.01 2018나1985

약정금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. At the time of February 6, 2015, the Plaintiff and B (hereinafter “Plaintiff, etc.”) were T&C Construction Co., Ltd., and on February 6, 2017

1. The current trade name was changed;

2) From the perspective of this case, No. 1001 of the 10th floor of the 10th floor of the 10th floor of the Goyang-gu Seoyang-gu C building

(1) In order to purchase KRW 1,063,390,00,00, one of the matters stipulated in the special agreement, “where the Plaintiff et al., bears the expenses for the management before the date of payment of the remainder, the Defendant shall be liable and liable for such payment (hereinafter “instant special agreement”).

(2) At the time, D, a lessee, continued to possess the health care center in the name of “E” (hereinafter “instant health care center”) after the termination of the lease agreement on August 31, 2014.

[B] The Plaintiff et al. paid sales balance to the Defendant on February 27, 2015, and completed the registration of ownership transfer with respect to the instant sectioned stores. At the time, the Plaintiff et al. did not pay KRW 31,736,630 as management fees from July 2014 to July 2014. Meanwhile, the Plaintiff et al. entered into a comprehensive business transfer agreement with D to transfer all the facilities and rights of the instant helicopter from D to KRW 30 million between D and D on February 9, 2015, and the Plaintiff et al. received the instant healthcare around February 12, 2015 (the said premium was not paid to D at the time).

From March 6, 2015, the instant health care provider entrusted the instant health care provider D with the instant health care provider, and entered into a comprehensive transfer and takeover agreement between Co., Ltd. on August 31, 2015 to receive KRW 35 million and to transfer the instant health care provider again, and then delivered the instant health care provider to the said company on September 7, 2015.

D The management expenses of KRW 600,00 on March 2, 2015, and KRW 3,000 on March 13, 2015, respectively, were paid to each of the management expenses of KRW 741,780 on April 1, 2015, KRW 16,400 on April 16, 2015, KRW 16,400 on April 16, 2015, KRW 200 on April 28, 2015, KRW 1,908,200 on April 28, 2015, and KRW 2,000,000 on May 15, 2015, KRW 1,366,120 on June 1, 2015, and KRW 1,200 on June 1, 2015.