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(영문) 서울중앙지방법원 2018.09.21 2018가단33839
매매대금
Text

1. As to the Plaintiff’s KRW 35 million and its KRW 30 million, the Defendant shall be from December 28, 2017 to KRW 5 million.

Reasons

1. The defendant's defense prior to the merits of the case is alleged to the purport that the plaintiff's claim of KRW 35 million against part of the claim is unlawful in violation of the law. Thus, the defendant's defense prior to the lawsuit cannot be divided into claims for the purpose of receiving the application of the Trial of Small Claims Act, but the creditor cannot claim part of the claim for the purpose of receiving the application of the Trial of Small Claims Act. However, since the plaintiff applied for the payment order seeking payment of KRW 35 million against the defendant and delayed payment damages therefor, it is difficult to view that the plaintiff filed a claim in installments for the purpose of receiving the application of the Trial of Small Claims Act, since the plaintiff's claim of KRW 35 million against the defendant for the purpose of receiving the application of the Trial of Small Claims Act, the plaintiff's defense prior to the lawsuit is without merit.

2. Judgment on the merits

A. According to the overall purport of evidence No. 1-1, 2, and 3 of the judgment as to the cause of the claim, the Plaintiff entered into a share transfer contract (hereinafter “instant transfer contract”) with the Defendant and C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on February 29, 2008, with the content that the Plaintiff will pay KRW 310 million to KRW 58,000,000,000,000,000 as contract deposit shall be received by the Plaintiff on the contractual date, and the remainder shall be paid by the Nonparty Co., Ltd. on the normal date or December 31, 2011.

According to the above facts, as the plaintiff seeks a partial claim, the defendant shall deliver to the plaintiff a written application for change of the purport of the claim of this case and the cause of the claim of this case for KRW 35 million, which is the following day of the service of the payment order of this case for KRW 30 million from December 28, 2017, and KRW 5 million from May 2018, 2018, which is the following day of the service of the written application for change of the purpose of the claim of this case and the cause of the claim of this case for KRW 5 million.

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