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(영문) 대구지방법원 2018.04.05 2016가단9497
양도대금반환
Text

1. The Defendant’s KRW 136,00,000 as well as 5% per annum from March 3, 2016 to January 16, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a person who operated Kindo with the trade name “D” in Daegu Seo-gu C.

B. On February 17, 2016, the Plaintiff entered into a contract with the Defendant on the acquisition of the above Henin price of KRW 190 million ( KRW 30 million in total, KRW 50 million in total, KRW 50 million in total, and KRW 150 million in premium) from the Defendant, and paid KRW 30 million in terms of the contract deposit on February 19, 2016, KRW 30 million in total, KRW 30 million in terms of the contract deposit, KRW 30 million in terms of the contract deposit on February 19, 2016, KRW 10 million in terms of the premium, KRW 10 million in terms of the name of the premium, KRW 25 million in March 2, 2016, KRW 185 million in total ( KRW 150 million in premium total, KRW 500,500 in premium) to the Defendant.

C. The Defendant, at the time of transferring the Plaintiff to the Plaintiff, proposed the sales data entered in the POS of the electronic data sales system (hereinafter “SOS”) to the effect that “The Plaintiff believed that the Plaintiff would have been a good business, on its ground, that the Plaintiff would have been a good business.” The Defendant made sales sales to the Non-SOS amounting to KRW 25 million per month, KRW 30 million per month, and KRW 30 million per month, and the share in cash sales was high, thereby making a tax return.”

However, in fact, sales are not so much enough, monthly overdue, employee benefits were delayed, and it was difficult to operate to the extent that public charges such as gas and electricity will continue to be delinquent.

Therefore, in order to believe that the defendant is well in business, the defendant discarded the order from the time when the employees work, and then arbitrarily inputs the sales in the sporessing room and manipulates the sales in the sporessing season, and particularly from November 2015, which is four months prior to the retirement of the employees, the defendant saw the sales in the sporessing season as being well in good business by intensively inputting the sales in the sporessing season and making it possible for the employees to do so.

Around June 8, 2017, the defendant transferred the above skin to the plaintiff and received the price of KRW 185 million with the above price.

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