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(영문) 서울중앙지방법원 2016.11.09 2015가단5051039
매매대금
Text

1. The Defendant: (a) KRW 100,000,000 for the Plaintiff and 6% per annum from December 11, 2014 to March 19, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person engaged in siren tea business, food materials wholesale and retail business, etc. The Plaintiff’s representative C and D and E and F are married couple, and G are the father of the Defendant.

B. On May 3, 2014, D and F entered into a lease agreement with a joint lessee, setting a deposit of KRW 10,000,000, monthly rent of KRW 900,000, and until May 15, 2017, on a deposit of KRW 36 months with respect to the entire 50 square meters (including 2nd floor and 2nd floor) on the side of the road on the first floor (including 2nd floor and 2nd floor) of Yongsan-gu Seoul Special Metropolitan City Building on the second floor above H’s ground (hereinafter “instant building”).

After that, F had the instant store located at the place of business and had the business registered under the name of “A”, and the Plaintiff was referred to as “J” when operating the instant store at the instant store since that time.

C. In addition, on September 1, 2014, D and F, as a joint lessee, leased the entire 1 and the 2nd floor of the Yongsan-gu Seoul Metropolitan Government K ground building located near the instant store owned by G by the Defendant’s father G by the end of September 1, 2014, with a deposit of 40,000,000, monthly rent of 5,000,000, and the lease period of 5, 2017.

(hereinafter referred to as the “instant lease agreement”). D.

On November 28, 2014, the Plaintiff entered into a sales contract with the Defendant on December 10, 2014, under which the payment date of the balance was KRW 130,000,000, and the deposit account was set as the deposit account LB deposit account D and the J branch was entirely transferred (hereinafter the instant sales contract), D, and F were co-owners of the Plaintiff’s share, and affixed the seal on the said contract. On the same day, the Defendant paid the Plaintiff KRW 30,000,000 including the down payment.

E. Around December 10, 2014, according to the report on succession to the status of F and the Defendant’s food business operator, a business report was issued to the Defendant regarding the instant store. The lessee’s name in the lease agreement on the instant store was changed to the Defendant, and the Defendant was the Defendant.

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