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(영문) 서울남부지방법원 2016.02.02 2014가단238977

양수금

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts are based on the following facts: (a) the plaintiffs and the Defendants do not dispute each other; or (b) Gap evidence Nos. 1 and 2; and (c) Eul evidence Nos. 1.

From June 11, 2013 to June 11, 2015, Defendant C leased the second floor of the commercial building located in Gangseo-gu Seoul Metropolitan Government F (hereinafter “instant building”) at KRW 15 million and monthly rent of KRW 1.4 million.

B. The location of the instant building is the location of the building, and the business registration of the “other main restaurant business” was made in the name of “G” on June 13, 2013, and was made in the name of Defendant C on the same day as the instant business opening date.

C. The Plaintiffs and the Defendants, through the preparation of the document (No. 1) stating the “sales contract” on June 13, 2013, concluded a contract with the Plaintiffs to transfer G (only the “instant main store”) with the price of KRW 37,50,000,000,000,000 for the instant main store as indicated in the attached Form sales contract, and the Defendants paid the remainder of KRW 5,000,000,000,000 after 10,0000,0000,0000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000).

From the next day, the main assignment contract of this case is only referred to as "the main assignment contract of this case"). 2. Determination of the cause of the claim

A. The 1st Plaintiffs, which caused the Plaintiffs’ claims, shall be paid in cash to Defendant D on June 13, 2013, under the pretext of paying the price according to the instant main assignment contract, and the KRW 5 million shall be paid by Plaintiff B, and the 2nd Plaintiff A.