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(영문) 부산지방법원 2018.07.20 2017나40013

각서금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning for the court’s explanation on this part of the basic facts is as follows, and this part of the corresponding part of the judgment of the court of first instance is identical to the corresponding part of the judgment of the court of first instance, and thus, is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The judgment of the court of first instance is at least seven times from September 10, 2010 to January 31, 2012 at the bottom of the 16th two pages of the judgment of the court of first instance, “Korea-Japan ElectricMM Co., Ltd.” (hereinafter “Korea-Japan Electricity”).

“A total of KRW 29,473,050 by subrogation for the amount of KRW 29,473,050,000” means “Korea-Japan ElectricMMC Co., Ltd.” (hereinafter referred to as “Korea-Japan Electric”) over ten times from September 10, 201 to July 11, 201.

A total of 40,809,550 won was subrogated to the Defendant. From the last 3rd sentence of the judgment of the first instance, the following was made: “The value-added tax paid by the Plaintiff was supplied in the name of the Plaintiff and the amount of the goods paid by the Plaintiff exceeds three million won and the remaining KRW 42,361,00,00, which was paid by the Plaintiff after deducting the amount of the value-added tax paid by the Plaintiff and the amount of the goods paid by the Plaintiff exceeds three million won; and the value-added tax was paid by the Plaintiff; and KRW 5,927,780, which was paid by the Plaintiff; and KRW 42,361,366,80, which was paid by the Plaintiff after deducting the amount of the goods paid by the Plaintiff exceeds three million won from the amount of the goods paid by the Plaintiff.”

2. Determination

A. According to the above facts finding as to the cause of the claim, the amount that the Defendant is liable to pay to the Plaintiff is KRW 154 million (i.e., KRW 130 million for the transfer of the business entity of this case, KRW 24 million for 24 million). The amount that the Defendant paid to the Plaintiff under the instant installment payment agreement is totaling KRW 89,082,530 (= KRW 42,361,000) and the amount that the Defendant paid to the Plaintiff under the instant installment payment agreement is KRW 46,721,530 (= KRW 46,721,530). Accordingly, if the Plaintiff deducts the deposit amount that the Plaintiff did not return to the Defendant after the termination of the lease agreement, KRW 5,00,000 (= KRW 154,000,000), KRW 89,082,530,000).

B. The defendant.