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Reasons
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(영문) 광주고등법원 2018.07.20 2017나14924
부당이득금반환
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

(b) the facts of the basis;

A. On November 2016, the Plaintiff entered into a contract under which all the Plaintiff’s village bus (mutual C)’s transport business license and business assets are transferred to the Defendant at KRW 2,200,000,000 (hereinafter “instant transfer of business”), as follows (hereinafter “instant contract”).

Article 1 (1) The total purchase and sale amount of C shall be KRW 2,200,00,000,000, for business purpose vehicles owned by C (3) the office fixtures and communications of C and auxiliary facilities, such as auxiliary facilities, such as communication, vehicles and accessories, equipment and other facilities, and (1) the total trade amount of C shall be KRW 2,200,00,000.

(2) down payment of KRW 400,000,000 shall be paid until November 16, 2016.

(3) The intermediate payment of KRW 1,300,000 shall be paid up to November 28, 2016.

(4) Any balance of KRW 500,000,000 shall be paid until March 31, 2017.

(Provided, That the payment of 150,000,000 won, excluding transfer subsidies, out of the remainder of 500,000,000 won, will be completed until December 31, 2016, and 150,000,000 won until January 31, 2017.

B. Around November 16, 2016, the Defendant paid to the Plaintiff the remainder of KRW 200,000,000,000,000 for intermediate payment of KRW 1,300,000,000 among the remainder on November 28, 2016, and KRW 300,000 among the remainder on February 27, 2017, and the remainder of KRW 200,000,000 and delay damages of KRW 5,00,000,00 in total around May 2017.

C. Meanwhile, around April 2017, the Defendant received a free transfer subsidy of the village bus free of charge in 202,534,000 won from the Gwangju Metropolitan City Mine-gu (hereinafter “instant transfer subsidy”).

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

2. The gist of the Plaintiff’s assertion is related to the village bus business in 2016, which the Plaintiff operated C, and the Plaintiff did not waive the transfer subsidy while entering into the instant transfer contract.

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