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1. The Defendant shall pay to the Plaintiff KRW 71,014,368 as well as 20% per annum from March 21, 2014 to the day of complete payment.
Reasons
1. On October 11, 2013, the Plaintiff entered into a contract for the transfer of business (hereinafter “instant contract”) with the Defendant, C, D, and Tae Young-young Co., Ltd. (hereinafter “instant business site”) at KRW 100 million (excluding lease deposit). Defendant, C, and D paid the down payment of KRW 50 million on the date of the contract.
According to the instant contract, the Defendant, C, and D paid to the Plaintiff the remainder of KRW 50 million until December 31, 2013 (Provided, That the grace period is two weeks), and separately, the lease deposit (20 million won) was paid in two installments on November 15, 2013, and KRW 10 million until December 15, 2013. As of October 16, 2013 at the time of transfer and acquisition, the sales amount to the existing trading office was settled after the settlement after the end of each month, and the vehicle, movable property, telephone, crime prevention system, container, etc. of the instant business establishment were included in the subject of transfer, and various public charges, such as rents, were settled as the above base date.
However, the Defendant, C, and D paid to the Plaintiff the remainder of the acquisition price of KRW 50 million, KRW 20 million, KRW 10,014, and KRW 368 in total, KRW 71,014, and KRW 368.
The Plaintiff filed an application against the Defendant, C, and D for a payment order for the aforementioned payable amount with the Suwon District Court No. 2014 tea497, and C and D did not raise an objection against this, and the payment order became final and conclusive.
[Ground of recognition] Facts without dispute, entry of Gap1 to 5 evidence, witness F, testimony of G and the purport of whole pleadings
2. According to the facts of the judgment on the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 71,014,368, such as the transfer price under the instant contract, and damages for delay calculated at the rate of 20% per annum from March 21, 2014 to the day of full payment, which is the day following the day of service of the written complaint.
3. The defendant's assertion is determined as to the contract of this case.