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(영문) 대전지방법원서산지원 2014.07.25 2013가단11814
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,960,000 and the interest rate of KRW 20% per annum from October 9, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Defendant entered into a title trust agreement with Nonparty B, and sold the stores Nos. 415, 416, 417, 418, and 427 among the stores on the ground E in Gyeonggi-do and two parcels of land E, which are sold by Nonparty C in the name of Nonparty C.

B. After receiving KRW 20,800,000 in advance on October 12, 2008, the Plaintiff produced and installed one of the above stores on November 25, 2008, 416, 417, 418, and 427, respectively.

The value of 4 family stresses installed by the Plaintiff is 45,760,000 won in total.

C. On November 27, 2008, the Defendant drafted a letter "I, on the one hand, lend the name of F406 Group B five Units B (415, 416, 417, 418, 427) and transfer the registration to the transferee, who will be held liable for the subsequent civil and criminal problems."

On November 27, 2008, with regard to No. 416 among them, the defendant prepared a sales contract with the buyer as the defendant and changed the name of the seller for sale to the defendant. The special terms and conditions of the sales contract stipulate that "the head of the family located in the store shall not be included in the purchase price and shall be approved by the buyer."

E. On November 27, 2008, the Defendant prepared a sales contract with the purchaser of Nos. 417 and 418 among them as the Defendant’s wife G, and changed the name of the seller to the Defendant’s wife G.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 6, 8, and 10 (including each number in the case where there are several numbers), witness H's testimony and the purport of the whole pleadings

2. According to the facts of the above recognition, the defendant is obligated to pay the price of the heading 416, 417, 418, and 427, which is established in the above store. Thus, the defendant is obligated to pay the price of the heading 24,960,00 won = 45,760,000 won - 20,800 won which is payable to the plaintiff.

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