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(영문) 부산지방법원 2014.10.30 2013가합10935

소유권이전등기 등

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1. The defendant A:

A. From February 18, 2013 to July 8, 2013, Plaintiff Korea Food Co., Ltd.: KRW 81,000,000 and its amount.

Reasons

1. The Plaintiffs’ determination as to the claim against Defendant A runs the wholesale business of livestock products. The Plaintiff Han Food Co., Ltd. supplied the Defendant with the meat, etc. from August 2012 to January 2013, 2013, and did not receive KRW 81,00,000 out of the price. The Plaintiff U.S. U.S. Co., Ltd supplied the Defendant with the meat, etc. between November 201 to December 2012 and supplied the Defendant with 52,856,646 out of the price. There is no dispute between the parties.

Therefore, Defendant A is obligated to pay the Plaintiff Han- Food Co., Ltd. the amount of KRW 81,00,000 and damages for delay calculated at the rate of 6% per annum from February 18, 2013 to July 8, 2013, the delivery date of a copy of the complaint in this case, and 20% per annum from the next day to the day of full payment under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. The Plaintiff U.S. Co., Ltd. is obligated to pay to the Plaintiff Il-S. Co., Ltd. the amount of KRW 52,856,646, and damages for delay calculated at the rate of 6% per annum from February 2, 2013 to July 8, 2013 under the Commercial Act, and from the next day to the day of full payment.

2. Determination as to the claim against the defendant B

A. Comprehensively taking account of the overall purport of evidence No. 6, evidence No. 1, and evidence No. 1, Defendant B entered into a sales contract with D on February 11, 2012 on the purchase of the real estate listed in the separate sheet (hereinafter “instant apartment”) with D for KRW 265 million, and recognized the fact that the registration of ownership transfer was completed in his/her name on February 21, 2012.

B. At the time of Defendant B’s assertion on February 11, 2012, Defendant B had no special occupation at the time of purchase of the instant apartment from D, and the apartment of this case was borne by Defendant A, the husband of which was the husband, due to the lack of sufficient capability to purchase the apartment.