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(영문) 서울중앙지방법원 2017.10.18 2017가단5042305

매매대금

Text

1. The Defendant’s KRW 88,00,000 as well as its annual 5% from July 31, 2016 to November 14, 2016 to the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 as to the cause of the claim, the Defendant, on December 4, 2015, prepared and delivered to the Plaintiff a letter of payment stating that the Plaintiff will pay KRW 88 million until July 30, 2016, and issued a promissory note with face value of KRW 88 million to the Plaintiff on December 9, 2015.

Therefore, the defendant is obligated to pay to the plaintiff 88 million won with 5% per annum under the Civil Act from July 31, 2016 to November 14, 2016, the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

2. Judgment on the defendant's assertion

A. The Defendant asserted that: (a) the Plaintiff was granted a license loan from D Co., Ltd. (hereinafter “D”); (b) the Plaintiff, not D Co., Ltd., as the representative director, was not entitled to seek a license loan on the ground of the instant payment note; and (c) the Plaintiff agreed to deduct the industrial accident insurance and employment insurance and various taxes from KRW 88 million at the time of preparing the instant payment note; (b) the Defendant’s employment insurance and employment insurance premium, KRW 7,591,980, KRW 19,038,770, and KRW 52,768,000, KRW 79,398,750 in total, KRW 700 in total, KRW 79,398,750 in total; and (c) the Plaintiff, as the owner or representative of the instant real estate, received KRW 705,7850,750,000 in total from the Plaintiff (i.e., the Plaintiff’s share or representative of the instant real estate, KRW 7085,785,7500,75,7005.