logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2018.08.09 2017가단35317
매매대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 27,50,000 won and 5% per annum from September 1, 2016 to August 9, 2018.

Reasons

1. Facts of recognition;

A. On October 28, 2013, the Plaintiff and D made an investment in KRW 396 million, and KRW 92,400,000,000, respectively, to purchase the ship, and thereafter the Plaintiff purchased the ship, and entered into a partnership agreement with the Plaintiff to operate the ship and to have the profits from the operation of the ship divided by 30% and 70% of the Plaintiff.

B. On July 28, 2014, the Plaintiff purchased “E” (hereinafter “instant vessel”) as a power-driven vessel under the said agreement.

C. The Plaintiff and D decided to sell the instant vessel and terminate the agreement.

On November 18, 2015, the Plaintiff concluded a sales contract with regard to Defendant B and the instant vessel as KRW 1180 million (a contract amounting to KRW 20 million, KRW 780 million in the first intermediate payment, KRW 200 million in the second intermediate payment, and KRW 180 million in the remainder).

(hereinafter “instant sales contract”). Afterwards, the Plaintiff and Defendant B decided to reduce the sales price of the instant vessel as KRW 1.15 million.

E. The Defendants: (a) subrogatedly repaid the Plaintiff’s loan obligations and G’s obligations to Samcheon Fisheries Cooperatives; and (b) substitute the amount of the repayment for the payment of the purchase price of the instant vessel.

F. The Plaintiff and D agreed to have H, a member of D, pay a balance of KRW 350 million of the purchase price of the instant vessel from the Defendants and to distribute the same upon consultation between the Plaintiff and D when the settlement is reached.

Accordingly, on November 27, 2015, the Plaintiff and D delegated H with the authority to determine the conclusion of the sales contract, transfer of ownership, and method of payment of the sales price for the instant vessel. On the same day, Defendant B drafted “cash No. 2” (Evidence No. 2-4) stating that the remainder of the sales price for the instant vessel is KRW 350 million.

G. On December 4, 2015, the Plaintiff completed the registration of ownership transfer of the instant vessel to Defendant C.

H. Defendants and H are Defendants on December 5, 2015.

arrow