beta
Text
1. The Defendant’s decision on recommendations for the payment of the amount of the horse riding club remaining after the Incheon District Court 2015Da36771 against the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 10, 2014, the Plaintiff concluded a comprehensive transfer and takeover contract with the amount of KRW 80,000,000, when the Defendant decided to acquire the DV club in the name of Nonparty C, which was practically operated by Nonparty C.
The Plaintiff and the Defendant entered into the above contract, and paid 62,00,000,000 won out of the purchase price until June 10, 2014. The remainder of 18,000,000 won was, instead of paying, entrusted the Plaintiff with the management of one unit of the horse owned by the Defendant for 24 months, and entered into a consignment breeding management contract between the Plaintiff and the Defendant with the payment of 18,00,000 won.
B. The Plaintiff paid KRW 62,00,000 to the Defendant for the purchase price of the DV club, operated the horse club, and commenced to manage the horse owned by the Defendant. During the course of acquiring the horse club, the Plaintiff became aware that one of the horses transferred by the Plaintiff falls short of one.
Since then, the plaintiff and the defendant decided to reduce the remaining amount of riding club trading to 12,000,000 won, and revised the breeding management expenses stipulated in the contract for the management of marina club breeding to 12,00,000 won.
C. On June 30, 2014, the Plaintiff and the Defendant terminated the consignment breeding management contract, and determined the settlement amount following the termination of the consignment breeding management contract as KRW 2,179,000, and decided to deduct it from the remainder of the riding club trade. On July 14, 2014, the Plaintiff sold one copy of the horse owned by the Plaintiff to the Defendant, and the Plaintiff decided to deduct the sales amount of KRW 3,000,000 from the remainder of the unpaid riding club trade.
In addition, the Plaintiff handled and decided to deduct KRW 800,000,000 from the remaining amount of the horse club trade for the reason that occurred before the riding club acquisition agreement. The Plaintiff additionally paid KRW 3,00,000 to the Defendant on October 1, 2014.
E. On April 22, 2015, the Defendant’s horse club against the Plaintiff at the Incheon District Court 2015Da36771.