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1. The Defendant’s KRW 25,500,000 as well as annual 6% from August 30, 2014 to July 13, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 29, 2013, the Plaintiff, from Co., Ltd., Ltd., on April 29, 2013, operated plastic crushing and pressureing business with the name of “E”, the lease deposit amounting to KRW 30 million, monthly rent of KRW 350,000,000, monthly rent of KRW 3.5 million, and the lease period of April 22, 2013 from April 22, 2015.
B. On May 20, 2014, the Plaintiff and the Defendant transferred to the Defendant all business rights including the Plaintiff’s collection goods, all corporeal movables including inventory goods, stock goods, one forkick, etc. in the Plaintiff’s business place, to the Defendant. The Defendant paid KRW 80 million to the Defendant until August 29, 2014, and entered into a contract for transfer of plastic show scrap, the amount of which is equivalent to KRW 5 million in the said business place, instead of delivering it to F, with the content of deduction from the transfer proceeds.
(hereinafter referred to as the transfer or acquisition contract of this case)
According to the instant transfer and acquisition contract, the Plaintiff transferred to the Defendant all corporeal movables, including house fixtures, inventory goods, and one forklifts, etc. within the Plaintiff’s business establishment. However, the Defendant paid only KRW 27.5 million on July 10, 2014, KRW 20 million on September 5, 2014, and KRW 27.5 million on October 24, 2014.
On January 9, 2015, the Plaintiff transferred KRW 22,00,000 to G, and notified the Defendant of the assignment of claims, and at that time the notification was delivered to the Defendant.
[Ground of recognition] The facts without dispute, Gap's 1 to 5, 8, 9, Eul's 1 to 3 (including various numbers, if any) and the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the remaining claim for the transfer price, the Defendant shall pay to the Plaintiff the remaining transfer price of KRW 22.5 million = KRW 80 million - KRW 5 million equivalent to the scrap of plastic showers - KRW 27.5 million paid to the Defendant - G.