(영문) 의정부지방법원고양지원 2017.07.20 2017가단6873

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(영문) 의정부지방법원고양지원 2017.07.20 2017가단6873

약정금

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1. The Defendant shall pay to the Plaintiff KRW 45,50,000 and the interest rate of KRW 15% per annum from March 14, 2017 to the day of complete payment.

Reasons

1. In full view of the purport of the entire pleadings as to the cause of the claim in Gap evidence Nos. 1 through 4, the plaintiff transferred to the defendant on June 27, 2014, the "D Beauty Room" located in Goyang-dong, Busan-gu, the plaintiff operated by the plaintiff for KRW 240 million for the premium of KRW 20 million, and the defendant can be found to have not paid KRW 45 million for the above transfer price of KRW 240 million.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 45 million won of the unpaid transfer price and damages for delay calculated at the rate of 15% per annum from March 14, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case claimed by the plaintiff.

2. As to the Defendant’s assertion, the Defendant asserted to the effect that the transfer price to be paid remains as much as the transfer price was set excessively excessive at the time of taking over the beauty art room of this case, and that the business place was closed due to the discontinuance of business as much as the sale price was not collected at all. As such, the Defendant’s assertion to the effect that the transfer price to be paid does not remain any more than 194.5 million won as the transfer

However, as long as there was no new agreement on the transfer price between the Plaintiff and the Defendant after the above transfer, the Defendant cannot be exempted from the liability to pay the agreed transfer price, and according to the evidence employed earlier, the Defendant can recognize the fact that the Defendant newly concluded a monetary loan agreement for lending money of KRW 140 million for the unpaid transfer price up to the time of the Plaintiff and the Defendant around July 2016, which was the business to close the beauty room of this case, and thus, it is difficult to accept the Defendant’s assertion as multiple

3. The plaintiff's claim is justified, and this is accepted.

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