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(영문) 서울중앙지방법원 2018.06.19 2017가단5201791
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and 6% per annum from January 6, 2016 to November 7, 2017.

Reasons

1. According to the overall purport of Gap evidence Nos. 1 and 2 as to the cause of the claim, the plaintiff transferred the "H restaurant and I store" with husband Eul to the defendants, and the name of the business operator to be acquired between the defendants and the defendant Eul is the defendant Eul. ② On November 9, 2015, the defendant Eul decided to pay KRW 40 million to the defendant Eul by November 12, 2015, "the defendant Eul paid KRW 40 million when the name of the defendant Eul was transferred to the defendant Eul, Jung-gu Incheon real estate owned by the defendant Eul, Jung-gu, Incheon to pay KRW 4 million to the defendant Eul and KRW 30,000,000,000,000,000 won and KRW 5,000,000,000,000 won and KRW 30,000,000,000,000 won and KRW 13,50,000,000.

According to the above facts, the Plaintiff and the Defendants are deemed to have determined the transfer price of the above H restaurant and I store as KRW 100 million (=40 million). The Defendants are jointly and severally liable to pay damages for delay calculated at the rate of 15% per annum, which is the statutory interest rate under the Commercial Act, from January 6, 2016 to November 7, 2017, on which the copy of the complaint of this case was served to the Defendants from the next day to the day of full payment.

2. The defendants' assertion against the defendants are not parties to the contract, and the defendant C also does not have any legal relationship with the plaintiff. As seen earlier, the plaintiff is her husband D and her husband.

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