(영문) 창원지방법원 2018.10.04 2018가단100727

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(영문) 창원지방법원 2018.10.04 2018가단100727

양수금

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1. As to the Plaintiff KRW 150,000,000 and its KRW 100,000 among them, the Defendant shall pay to the Plaintiff KRW 50,000 from January 20, 200, KRW 50,000.

Reasons

1. Facts of recognition;

A. On March 15, 2004, the Plaintiff sold B (hereinafter “instant building”) No. 1365 million won from London City Co., Ltd. (hereinafter “Seoul City”) to KRW 1.366 million.

B. At the time of the conclusion of the sales contract, the Plaintiff paid KRW 100,000,000,000,000 to London, which was collected by the Plaintiff on January 19, 2004, in lieu of the payment of KRW 100,000,000,000,000,000, out of the sales price.

C. On April 2, 2004, the Defendant comprehensively acquired from London City business, including the sale business of the instant building, etc.

On August 3, 2007, the Plaintiff notified the Defendant of the cancellation of the sales contract after the construction of the instant building was not commenced.

E. On September 16, 2008, the Plaintiff filed a lawsuit seeking the return of the sale price against the Changnam City, and received a favorable judgment from the Changwon District Court on September 16, 2008, stating that “Segoti shall pay to the Plaintiff the amount of KRW 150 million with respect to KRW 100 million and KRW 100 million with respect to KRW 50 million with respect to the Plaintiff, from January 20, 2004, and from March 16, 2004 to August 3, 2007, 5% per annum from the next day to August 3, 2007, and 20% per annum from the day to the day of complete payment.”

(207Gahap5076) / [Grounds for recognition] Gap 1 to 6, the purport of the whole pleadings.

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant, as the transferee of the business of London City, has raised a dispute over the existence and scope of each defendant's obligation from March 16, 2004 to October 4, 2018, which is the date of the payment of the purchase price of KRW 150,000,000 from January 20, 2004 to KRW 150,000,000,000, which the plaintiff sought after the date of the payment, as the result of the payment of the purchase price of KRW 50,000,000 from January 20, 2004 to the date of the payment of the purchase price of KRW 50,000,00,000,000,000 from the following day, as the date of

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