(영문) 수원지방법원 2018.05.03 2017가단532856

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(영문) 수원지방법원 2018.05.03 2017가단532856

매매대금

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1. The Defendant (Appointeds) and the designated parties jointly and severally against the Plaintiff KRW 32,00,000,000.

Reasons

1. Basic facts

A. On June 27, 2017, the Plaintiff entered into a contract (hereinafter referred to as “instant contract”) under which the Plaintiff will pay KRW 27 million as a down payment on the date of the contract, and the remainder of KRW 28 million to pay at the same time as the restaurant delivery on July 31, 2017 (hereinafter referred to as “instant contract”).

However, with respect to the amount of the premium, the amount of food service personnel in the restaurant of this case is calculated by 1,000 persons per day (the plaintiff's estimated values). Thus, when there is a change in the number of food service personnel later, an agreement was made to deduct the amount of the premium from the premium (hereinafter "special agreement on premium reduction").

B. Afterwards, upon Defendant’s request for reduction of premium, the Plaintiff and Defendant (Appointed Party) decided to reduce premium to KRW 210 million under the instant contract on July 2, 2017.

(C) On July 31, 2017, the Defendants received the instant restaurant from the Plaintiff, and paid KRW 210 million,00,000,000,000,000, which is the difference between the premium of KRW 148,000,000, which was paid up until the date of the first reduction agreement, and prepared and issued a loan certificate to the designated parties C and the remainder of the Defendants, who are partners. (C) Thereafter, the Defendant requested the reduction of the premium on the ground that the number of food personnel actually operating the instant restaurant was the initial difference in the contract. On August 23, 2017, the Plaintiff prepared a letter to reduce the premium of KRW 180,00,000 under the instant agreement to the Defendants (hereinafter referred to as “2 reduction agreement”). There is no dispute over the recognition of the premium of KRW 12,000,000,000,000,000,000.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, it is special.

유사 판례

-수원지방법원 2018.5.3. 선고 2017가단532856 판결

-수원지방법원 2019.02.14 2018나65699

-수원지방법원 2019.2.14. 선고 2018나65699 판결

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