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(영문) 인천지방법원 2018.05.11 2016가단217597
양수금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounting to KRW 76,800,000, and KRW 51,200,000, respectively, to Plaintiff-Counterclaim Defendant C.

Reasons

1. Facts of recognition;

A. A and the Defendant entered into a contract for the transfer of the first floor of a building E on February 16, 2016 and the Fmaart located underground (including goodwill, customer accounts, facility collection equipment, inventory goods, and delivery vehicles) in the Dong-gu Incheon Metropolitan Government on February 16, 2016, determined the acquisition price as KRW 198 million including the facility premium of KRW 150 million, but the down payment of KRW 20 million shall be paid KRW 50 million on February 25, 2016; the intermediate payment of KRW 30 million on March 5, 2016; the intermediate payment of KRW 30 million on March 15, 2016; the remainder payment of KRW 30 million on March 31, 2016; and the remainder payment of KRW 40 million on March 31, 2016; and the remainder payment on April 28, 2015, respectively.

B. A was paid KRW 70 million in total from the Defendant on February 4, 2016, and KRW 50 million on February 25, 2016.

C. Around February 16, 2016, the Defendant completed a inventory inspection and continued to operate the said marina shop after receiving the normal delivery. D.

A (hereinafter “the deceased”) died on May 2, 2016, and Plaintiff B and C, the wife, jointly inherited the deceased’s property.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1, Eul evidence 1, witness G testimony, the purport of whole pleadings

2. The unpaid Mart Transfer Price is KRW 128 million (=198 million -70 million).

There is no evidence to acknowledge that the Defendant agreed to cover the rent on February 2016, 5.5 million won out of the above money paid to the Deceased by the Defendant.

The Defendant’s remaining payment of Mart transfer is KRW 76,80,000 to Plaintiff B (i.e., KRW 128 million x KRW 3/5), and KRW 51,20,000 to Plaintiff C (i.e., KRW 128 million x KRW 28 million x 2/5) and the Plaintiffs’ claim as of the date of each payment after the date of each payment. The record is from September 15, 2017 to May 11, 2018, which is obvious as of the day following the date of service of a copy of the application for modification of the purport of the instant claim and the cause of the claim.

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