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(영문) 서울고등법원 2018.04.13 2017나2077542
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

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

Reasons

1. Basic facts

A. On January 31, 2015, the Defendant, while operating the “C Child Care Center” in the real estate listed in the attached list (hereinafter “instant real estate”), sold the instant real estate and its affiliated facilities to the Plaintiff at KRW 1.3 billion. However, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the terms that the Plaintiff will substitute for the payment of the remainder by succeeding the Defendant’s obligation to the Defendant’s national bank (hereinafter “the instant loan”).

The main contents are as follows:

Total sale price: 130 million won (payment at the time of a contract and receipt on January 31, 2015): The intermediate payment of KRW 70 million (payment on February 10, 2015): The balance of KRW 100,000 (payment on February 27, 2015) (payment on February 27, 2015): the loan of KRW 980,000 (payment on May 22, 2015): the special agreement on KRW 980,000 (payment on May 22, 2015): The representative, the change of the facility and the purchaser after February 10, 201, and the income and expenditure on the operation of the child care center after February 27, 2015 shall be held by the purchaser (Plaintiff).

B. According to the instant sales contract, the Plaintiff paid the Defendant KRW 260 million in total, including KRW 10 million on January 31, 2015, KRW 120 million on February 2, 2015, KRW 70 million on February 10, 2015, KRW 60 million on March 11, 2015, and KRW 60 million on March 11, 2015.

C. From March 2015, the Plaintiff operated a childcare center upon delivery of the instant real estate. From March 27, 2015 to April 29, 2015, the Plaintiff paid KRW 7,548,822 as the interest on the instant loan.

After that, the Plaintiff and the Defendant changed the terms of the instant sales contract on April 27, 2015 as follows.

Total sale price: 260 million won (payment at the time of a contract and receipt on April 27, 2015): The remainder of KRW 60 million (payment on April 30, 2015): A loan of KRW 980 million (payment on May 29, 2015): A loan of KRW 980 million (payment on May 29, 2015): A special agreement that is to be made for remainder after succession of current loan): The remainder of KRW 980 million shall be treated as a loan of KRW 980 million from a national bank.

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