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(영문) 춘천지방법원원주지원 2014.04.04 2013가단4905
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

(a) The original Defendant is all the intention.

B. On April 24, 2012, the Plaintiff entered into a contract with the Defendant to transfer “D’s Council members” located in “D” (hereinafter “instant transfer contract”) to the Defendant (hereinafter “instant transfer contract”), and the content of the instant case is as follows.

(1) The transfer proceeds shall be KRW 200 million.

(2) 60 million won out of the transfer proceeds shall be paid by June 30, 2012 as the deposit for re-contract with the owner of a building in a hospital until June 30, 2012, and 30 million won shall be paid within three months from December 31, 2012 when provisional seizure on the articles and medical equipment of a hospital is cancelled.

(3) The remainder KRW 10 million shall be paid to E, and KRW 10 million shall be paid up to July 31, 2012, and KRW 100 million shall be paid up to KRW 20 million on the last day of each month from August 2012 to December 2012.

C. On March 26, 2012, the Plaintiff delegated all the powers regarding the instant transfer contract to the said E, and that E concluded the instant transfer contract on behalf of the Plaintiff with the Defendant on behalf of the Plaintiff.

Until now, the defendant paid 12 million won to E with the transfer price, and paid 60 million won to the lease deposit industry (hereinafter referred to as the "Teosung Industry") which is the owner of the building located in D's source, and Tae Taesung Pung entered into a lease contract with the industry.

E. Meanwhile, F, who had an executive title against the Plaintiff, received a seizure and collection order against the Plaintiff regarding the claim to return the lease deposit against the industry. After the Plaintiff’s rejection of the collection order against the claim to return the lease deposit against the industry, Taesung filed a lawsuit to collect the amount of the lease deposit against the industry by the court of this case. On June 4, 2013, the court rendered a ruling that the Plaintiff shall pay the remainder of KRW 29,28 million after deducting the sum of the rent and management expenses, etc. that the Plaintiff delayed payment from the lease deposit amounting to KRW 60,000,000,000, which became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 7.

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