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(영문) 부산지방법원 2016.07.14 2015가합4972
매매대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 65,00,000 won and each year from July 25, 2015 to July 14, 2016.

Reasons

1. Facts of recognition;

A. By December 26, 2014, the Plaintiff is a person operating the Emart located in Kimhae-si (hereinafter “instant Emart”). The Defendants are those who transferred and operated the instant Empt from the Plaintiff on December 27, 2014.

B. On January 28, 2015, the Plaintiff entered into a sales contract with Defendant C to jointly transfer the instant goods and goodwill (hereinafter “instant sales contract”) with the sales proceeds of KRW 230,000,000 (including outstanding amounts and down payment not later than January 28, 2015), and the intermediate payment of KRW 150,000,000 by March 31, 2015 (payment of KRW 80,000,000 by June 30, 2015).

C. As Defendant C was unable to pay the intermediate payment of the instant sales contract by March 31, 2015, the Plaintiff agreed with the Defendants and transferred the entirety of the goods and goodwill within the instant marina to F on June 2, 2015.

(hereinafter “instant resale”) D.

In the instant resale, the Plaintiff and the Defendants re-exploited the inventory of the instant marina, and set the final purchase price of the instant sales contract at KRW 192,00,00 (e.g., June 30, 2015). On June 2, 2015, the Defendants, upon the Plaintiff’s request to offer collateral on the said purchase price obligations, prepared and issued a monetary loan certificate stating that “Defendant C shall first repay at least KRW 192,00,000 to the Plaintiff by June 30, 2015” (hereinafter “the first loan certificate”).

E. Defendant C and G, at the Plaintiff’s request on June 9, 2015, added the following: “The 192,000,000 won out of the 192,00,000,000 won until June 30, 2015, Defendant C and G will first pay the Plaintiff the remainder and then talk again on the remaining balance on June 30, 2015” to “the 2 loan certificate” (hereinafter referred to as “the 2 loan certificate”).

written and delivered a statement. [Ground of recognition] Facts without dispute, Gap evidence 1 to 4 (including paper numbers; hereinafter the same shall apply)

The purpose of each entry of evidence Nos. 1 and 2 and the whole pleadings is to be made.

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