(영문) 서울고등법원 2017.10.20 2016나2073161

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(영문) 서울고등법원 2017.10.20 2016나2073161

매매대금

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. Before the change, Co., Ltd., Ltd., “I” was the “stock company.”

(E) On August 4, 2009, a notarial deed (No. 42, 2009) that recognizes that there is no objection to the payment of the amount of the Promissory Notes (No. 42, 2009) was issued by the addressee D, the par value of KRW 1 billion, the issue date of August 4, 2009, and the Promissory Notes with the payment date of the amount of the Promissory Notes (hereinafter “E”).

B. On November 17, 2009, D entered into an agreement on the transfer of bonds (hereinafter “instant agreement on the transfer of bonds”) with the purport of transferring “one billion won of management right bonds issued by D against E and the original of the Notarial Deed on its bonds” to the Defendant.

C. On May 13, 2016, D transferred to the Plaintiff a KRW 500 million out of KRW 700 million against D’s remainder of the transfer price claim against D, on the premise that D paid only KRW 300 million among them, and notified the Defendant on the same day.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 8, 9, 13 through 15, and the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) The parties’ assertion 1) The transfer price under the Plaintiff’s claim transfer and takeover contract of this case was KRW 1 billion, but the Defendant paid only KRW 300 million to D. Since the Plaintiff acquired the remaining transfer price claim 700 million against the Defendant, the Defendant is obligated to pay KRW 500 million and its delay damages to the Plaintiff. (2) The actual transfer price under the Defendant’s claim transfer and takeover contract of this case was not KRW 1 billion as stated in the contract, but KRW 380 million, and the Defendant paid all of them to D at the time of the conclusion of the contract.

D The Plaintiff cannot claim KRW 500,000 to the Defendant, because it does not have any more claim for the transfer price.

유사 판례

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