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(영문) 수원지방법원안양지원 2015.04.08 2015가단1985
양수금
Text

1. The Defendant shall pay to the Plaintiff KRW 32,00,000 and the interest rate of KRW 20% per annum from December 27, 2014 to the date of full payment.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 7 and Eul evidence No. 1 (including additional numbers):

C and the Plaintiff entered into a construction contract between C and the Plaintiff on December 1, 2013, with a view to operating a health club on the third floor of the D Building in the prime city, with the Defendant as the construction cost of KRW 100,000,000,000, and the construction period from December 7, 2013 to January 4, 2014. 2) Thereafter, the Defendant completed the interior works under the said construction contract, but C paid the Plaintiff a total of KRW 68,00,000,000 as the construction cost, and paid the remainder of KRW 32,00,000 (hereinafter “instant construction price”).

B. A business transfer agreement between C and two other parties and the Defendant 1) Accordingly, C, along with its partners E and F, operated a health club with the trade name “G” on the 3rd floor of the said D building, and on September 17, 2014, entered into a G transfer agreement with the Defendant (hereinafter “instant transfer agreement”).

this section. The principal of this section has been

Details are as follows:

The transferor: E, F, and C: The transferor and transferee will transfer and acquire all the rights and rights of operation of the “G” on the three preceding floors each of the Da-3th floor in the Seoul Special Metropolitan City on September 17, 2014.

1. On September 17, 2014, the transferor shall transfer the transferred amount at the time of transfer on September 17, 2014.

2. The balance shall be paid twenty million won on the date the transfer is completed; and

3. The outstanding amount of “the Center’s outstanding amounts”, “the construction balance, personnel expenses, electricity, gas, water supply, equipment, and laundry” is all transferred as of September 17, 2014.

4. It is agreed that a license agreement ( September 17, 2014) will also be taken over.

2) At the time of the instant transfer contract, C presented the accounts receivable of the Center (Evidence A 2) to the Defendant at the time of the instant transfer contract, and the accounts receivable of G are ① the accounts receivable in the instant settlement data.

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