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(영문) 수원지방법원성남지원 2015.01.27 2014가단31454
매매대금 등
Text

1. The Defendant’s KRW 77,00,000 as well as the annual rate of KRW 6% from October 7, 2014 to January 27, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On May 1, 2014, the Plaintiff entered into an overall business transfer agreement with the Defendant on the acquisition price of all the rights and obligations with respect to the second underground floor of the Defendant’s Bart C, which the Plaintiff operated by the Plaintiff, at KRW 90 million. However, the acquisition price of KRW 10 million, out of the transfer price, entered into a contract, with the intermediate payment of KRW 3 million on August 1, 2014, and the intermediate payment of KRW 70 million on August 31, 2014, respectively, to be paid in installments (hereinafter “instant transfer agreement”).

B. The Defendant paid 77 million won out of the acquisition price under the above transfer agreement (hereinafter “the balance of the acquisition price of this case”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination

A. The fact that the Defendant did not pay the remainder of KRW 77 million to the Plaintiff is also the Defendant.

B. In addition to the payment of the balance of the above transfer price, the Plaintiff suffered the following losses due to the Defendant’s violation of the obligation to pay the balance of the transfer price, and thus, the Plaintiff sought a total of 1.9 million won and damages for delay.

In other words, on August 22, 2014, the Plaintiff entered into a lease agreement on real estate No. 505 Dong 201 at Sejong-si on August 22, 2014 for the director of Sejong-si, and attempted to pay the remainder of the lease agreement on September 28, 2014 after receiving the remainder of the transfer price from the Defendant.

However, the Plaintiff was unable to pay the remainder of the above lease contract because it was not paid the remainder from the Defendant.

As a result, the Plaintiff paid the lessor a penalty of KRW 1 million and KRW 150,000 to the Egyptive Center, and the Plaintiff suffered a loss incurred by additional payment of KRW 750,000 for the director's expenses, which became urgent.

However, the above damages claimed by the plaintiff are damages due to special circumstances, and only the statement of Gap evidence No. 4 is made.

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