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(영문) 광주지방법원 2016.10.28 2015나57559
양도대금
Text

1. The plaintiff's appeal against the defendant C and the defendant B's appeal are all dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. Basic facts

A. On November 2013, Defendant B acquired all of the house fixtures, such as business rights related to “G” in the name of the Plaintiff’s “G” in the leisure city F, operated by the Plaintiff (hereinafter “the instant chemical specifications”), nuclear plants, exhibitions and installing households, materials, sealing trucks, equipment, and fixtures, etc., in the name of the Defendant C, and received a transfer of the chemical management method, and paid KRW 75 million in return for the transfer of the chemical management method. The down payment amounting to KRW 10 million shall be paid by November 16, 2013, and the remainder of KRW 65 million shall be paid as money, and the amount shall be paid at the rate of KRW 100,000 per month until the date of full payment.

(hereinafter “instant contract”). (b)

On November 16, 2013, Defendant B paid the down payment of KRW 10 million to the Plaintiff, and the Plaintiff transferred the nuclear source management method to Defendant B.

C. Defendant B paid 1 million won interest on December 2013 to the Plaintiff. On December 20, 2013, Defendant C completed business registration with the trade name “H” in Defendant C’s name, and started business from that time.

around August 2014, Defendant B paid KRW 1250,000 per annum from August 1, 2014 to July 31, 2015 to E, a lessor, the owner of the instant chemical site and the lessor.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence or video 4, D's testimony of the first instance court witness E, partial testimony of the first instance court witness E, purport of whole pleadings

2. According to the evidence revealed prior to the determination of the claim against Defendant C, the fact that the registration of the instant chemical board and the registration of the transfer of the name of the sealed truck, in the name of Defendant C, have been completed may be recognized.

However, the following circumstances, which are acknowledged by comprehensively taking account of the respective descriptions and arguments of No. 4-8, 10, 9, and 16 of the evidence No. 4-16 of this case, namely, Defendant B was a person with bad credit standing, and the Plaintiff used the name of Defendant C at the time of receiving the transfer of the chemical of this case, and the time of the contract.

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