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1. The Defendant’s KRW 10,000,000 as well as 5% per annum from April 3, 2018 to August 8, 2018 to the Plaintiff.
Reasons
Basic Facts
The plaintiff was operating the bean plant by leasing the building located in Daejeon Seo-gu C.
(B) Around March 2016, the Plaintiff and the Defendant transferred the instant business to the Defendant with the price of KRW 80 million, but later paid the price.
On March 25, 2016, the Defendant recognized the existence of KRW 100 million ( KRW 80 million, KRW 10 million, KRW 10 million, KRW 10 million, KRW 10 million, and KRW 10 million) against the Plaintiff as a notary public office D office of the Daejeon District Public Prosecutor’s Office, which belongs to the Daejeon District Public Prosecutor’s Office on March 25, 2016, with respect to the instant business transfer agreement, and drafted an authentic deed of debt repayment agreement with the effect that repayment is made by January 25, 2017.
[Grounds for recognition] A. 2 The Defendant is obligated to pay the Plaintiff KRW 80 million in total, and KRW 90 million in building lease deposit, according to the instant contract for the transfer of business by the Plaintiff’s assertion by the Party A. 2
(3) In addition, the Defendant is obligated to borrow 3.8 million won from the Plaintiff on April 2, 2016 to repay the purchase fund of the 100,000 won to the Korea Fisheries Association (E).
The Defendant’s assertion ① Since the instant transfer contract was cancelled by agreement, there is no obligation to pay the transfer price of KRW 80 million.
② On April 1, 2016, the Defendant acquired the right of lease from the Plaintiff to newly prepare a lease agreement in the name of the building owner and the Defendant’s spouse F. In this case, the Plaintiff paid KRW 10 million to the Plaintiff.
③ The transfer price of the instant business included the freezing truck used by the Plaintiff. However, the Defendant was unable to drive the said freezing truck, which is a motor vehicle with changing manuals, and decided to newly purchase the off-to-in freezing truck, which is a motor vehicle with changing manuals, and the Plaintiff was at another place.