(영문) 서울중앙지방법원 2015.10.16 2014가합34558

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(영문) 서울중앙지방법원 2015.10.16 2014가합34558

매매잔대금

Text

1. The Defendant’s KRW 172,50,000 as well as 5% per annum from November 13, 2013 to October 16, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. A. Around 2013, the Defendant recommended that the Plaintiff-type C sell the instant picture to himself/herself, because there is a person who finds “E” (hereinafter “E”) as a work of D/C that is a work of D/C kept by the Plaintiff residing in the U.S. New Base (hereinafter “instant picture”).

B. On September 6, 2013, C brought the instant forest into the Republic of Korea under the name of the importer of his wife through the Incheon Airport through aviation, and on the same day, C had the Defendant accept the instant forest by delivering the instant forest-related documents to the Defendant.

Accordingly, the defendant prepared a receipt and storage certificate of the work of the picture of this case in F, which he had been enjoying by the plaintiff on the day.

(Evidence A 4, Witness C's Witness)

C and the Defendant initially agreed on the sale price of the instant forest as KRW 740 million, and around October 2, 2013, upon preparing a letter of art transaction agreement (hereinafter “instant agreement”) with the Defendant with the Plaintiff as the Plaintiff’s agent, and clearly set the sale price and payment period of the instant forest.

On the same day, the Defendant paid KRW 400 million out of the purchase price of the picture of this case to C representing the Plaintiff as a check.

(A) Nos. 1, 4 and 5, and witness C’s testimony) The seller of the art transaction agreement shall be the buyer B as “A” and the buyer shall enter into an art transaction agreement as follows:

The name of the work: The amount of E (work in a custody certificate written in F) : Lliven0 million won (740,000,000) first payment shall be made on October 2, 2013 in the amount of KRW 340,00,000 (40,000,000) and the remaining amount shall be paid on November 12, 2013.

The above works shall be sold at the above amount, and "A" and "B" shall be faithfully implemented with the following paragraphs:

1. “A” shall prove the authenticity of the above works and all questions of the work and shall be responsible for the completion thereof.

The problem of authenticity is about the above works.

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