beta
(영문) 청주지방법원 2018.07.03 2018가단22374

양도대금

Text

The defendant shall pay 80,00,000 won to the plaintiff and 10% per annum from September 15, 2015 to the day of complete payment.

Reasons

1. Basic facts are as follows: (a) while operating DNA set forth in the building No. 104-108 of the first floor of the building C in Seo-gu, Seo-gu, Seo-gu, Seo-gu, U.S. (hereinafter referred to as the “instant building”), the Plaintiff entered into an agreement with the Defendant to assign the right to lease of the instant building to the Defendant (from February 23, 2015 to February 28, 2016) at KRW 130,000,000 for the said marina facilities and premiums as KRW 30,000 for the contract, and until May 27, 2015; (b) around February 23, 2015, the Plaintiff agreed to pay the remainder within the contract term, and the Defendant shall pay the interest of KRW 10,00,000 for the unpaid portion to the Plaintiff at KRW 50,000 for each year from September 15, 2015; and (c) the Defendant shall pay the remainder within the contract term.

Therefore, barring special circumstances, the Defendant is obligated to pay the remainder of KRW 80,000,000 to the Plaintiff out of the above KRW 130,000,000, barring special circumstances.

[Evidence] Evidence Nos. 1 through 5, Evidence No. 1 and the purport of the whole pleadings

2. With respect to the allegations by the parties and the plaintiff's determination as to the remainder of KRW 80,00,000 among the above facilities and the premium, the defendant transferred the above marina to a third party to prepare KRW 80,000,000 in the premium balance to be paid to the plaintiff, but the plaintiff did not permit it, as required by the plaintiff, and the plaintiff transferred the above marina's possession to the plaintiff, and the plaintiff transferred the said marina with the premium received from the new lessee, so the defendant did not have the obligation to pay the above balance to the plaintiff.

The sub-lease contract entered into between the Plaintiff and the Defendant is from February 23, 2015 to February 28, 2016. At the time, the Plaintiff and the Defendant set at KRW 130,000 for other premium, etc., and thereafter, on June 27, 2016, the Defendant and the owner of the instant building entered into a lease contract for one-year period of KRW 50,000 for the instant building, and KRW 4,00,000 for monthly rent, or for one-year period of KRW 3,00 for the entire purport of the statement as to the evidence as prescribed in subparagraph 3 of this Article.