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(영문) 대구지방법원 김천지원 2018.06.12 2017가단5149
매매대금
Text

1. The Defendants jointly and severally against the Plaintiff KRW 38,160,000 and KRW 36,000 among them, Defendant B shall be jointly and severally liable to the Plaintiff on January 26, 2018.

Reasons

1. Basic facts

A. On September 30, 2014, the Plaintiff sold to Defendant B the right to operate a restaurant (E stores) located in the Gumi-si (U.S.) for KRW 65,000,000 in the purchase price.

B. On September 30, 2014, the Defendants prepared a joint and several surety note with the purport that the remaining amount of KRW 50,000,000 shall be jointly and severally paid to the Plaintiff by January 30, 2015.

C. The Plaintiff received KRW 20,000,000 from the above purchase price, respectively, on August 18, 2014, and KRW 9,000,000 on February 25, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of the purchase price of KRW 36,000,000 ( KRW 65,000,000 - KRW 29,000,000) and damages for delay after February 26, 2015, totaling KRW 38,160,000, and KRW 36,000,000, among which the Plaintiff claims for damages for delay after February 26, 2015, Defendant B is liable to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 26, 2018, and Defendant C is liable to pay from November 17, 2017 to the day of full payment.

As to this, the defendants asserted that the plaintiff's claim is unjustifiable since they were to receive a return of the above business rights, but there is no evidence to acknowledge this. Thus, the defendants' claim is without merit.

3. Accordingly, the Plaintiff’s claim against the Defendants in this case is accepted on the grounds that all of the claims are reasonable.

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