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(영문) 수원지방법원 2017.06.13 2016가단2136
매매대금 등
Text

1. The Plaintiff:

A. Defendant B and D: (a) with respect to each of the above amounts of KRW 85,00,000 and each of the above amounts, from September 28, 2012 to May 3, 2017.

Reasons

1. Determination as to the claim against Defendant B and D

A. On June 21, 201, the Plaintiff, representing the claim, filed a claim for the transfer price based on a transfer or acquisition agreement with Defendant B, representing the said Defendants, to which the purchase price was KRW 170 million with respect to the Fk Center located in Suwon-si, Suwon-si, Suwon-si (hereinafter “instantk Center”).

(b) Grounds: Article 208 (3) 3 of the Civil Procedure Act;

2. Determination as to the claim against the primary defendant E

A. (1) On June 21, 201, the Plaintiff, on June 21, 201, set the sales price of the instant car center as KRW 170 million (hereinafter “the instant sales price”) including all of the house fixtures, materials, tools, etc. within the car center’s lease deposit amount of KRW 70 million and the car center’s house fixtures, materials, tools, etc.

(2) On February 26, 2013, Defendant C, representing Defendant E, agreed to take over the obligation of KRW 70 million out of the instant purchase price against the Plaintiff, Defendant B and D, and concluded a lease agreement with the Plaintiff on the same day with respect to Nos. A-102 and B-102 of the G Building G Building A-102 and B-102 of the Incheon po-gun, Incheon, as well as the lease deposit amount of KRW 20 million.

(3) Defendant E grants the right of representation to conclude each of the instant lease agreements to Defendant C, and even if Defendant C’s act exceeds the lease agreement and the scope of business pursuant thereto, Defendant E shall be held liable for representation pursuant to Article 126 of the Civil Act. As such, the Defendant is obliged to pay the Plaintiff KRW 70 million and damages for delay.

B. (1) First, we examine the Plaintiff’s assertion of acting representative.

(A) Each description of evidence Nos. 6 and 7, and witness H’s testimony alone granted Defendant A the right of representation for Defendant B and D to Defendant C to accept the payment obligation of KRW 70 million against the Plaintiff.

each of the instant lease agreements shall be executed to secure payment.

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