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(영문) 서울서부지방법원 2021.01.21 2019가합39836
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 10, 2005, the Plaintiff sold to C a vessel listed in the attached Form (hereinafter “instant vessel”) at USD 285,000 ($ 300 million), and delivered the instant vessel to C around November 21, 2005.

C around that time paid to the Plaintiff KRW 130 million with the purchase price of the instant vessel.

B. Around June 2006, C issued to the Plaintiff a letter of payment stating that “A KRW 100 million out of the balance of the purchase and sale of the instant vessel KRW 170 million shall be paid on July 25, 2006, and KRW 70 million on September 25, 2006.”

(c)

On July 20, 2010, the Plaintiff concluded a sales contract with C to the effect that “C sells the instant vessel to the Plaintiff at KRW 40 million” (hereinafter “re-sales contract”). D.

C around August 201, 201, upon the transfer of ownership of the instant vessel to E, who is the spouse of D, as the repayment of debts to D, and E, who is the spouse of D, completed the new registration procedure on August 12, 201.

After December 17, 2012, E transferred the ownership of the instant vessel to the Defendant, who is an infant, and the Defendant registered the instant vessel as a power leisure craft under the Water Leisure Safety Act.

E. In around 2015, the Plaintiff filed a complaint against C and E under the suspicion of breach of trust, etc., and filed a lawsuit against C and E seeking the delivery of the instant vessel by filing an application for a disposal of the land price before the possession of the vessel, filing an application for a disposal of the vessel, and filing a decision of acceptance.

Accordingly, on May 12, 2016, C paid KRW 30 million to the Plaintiff on May 12, 2016 as agreed, and on May 16, 2016, the Plaintiff and C entered the aggregate of the above individual amounts of KRW 30 million on May 20, 2016, KRW 20 million, KRW 30 million on July 12, 2016, KRW 30 million on September 12, 2016, KRW 30 million on September 12, 2016, KRW 30 million on November 3, 2016, KRW 20 million on January 12, 2017, KRW 120 million on the aggregate of the above individual amounts of KRW 130 million on the agreement or agreement.

shall be paid in full and shall be fulfilled by C.

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