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(영문) 서울동부지방법원 2020.11.05 2019가합103865
매매대금
Text

The defendant's KRW 290,000,000 for the plaintiff and 5% per annum from September 1, 2018 to November 5, 2020.

Reasons

1. On May 23, 2017, the Plaintiff: (a) transferred to the Defendant the entire stocks of the Company C and the entire business rights and vehicle sales amount of the said Company C and the invoices of the said Company; (b) paid KRW 1.81 million up to the date of payment; (c) the Defendant asserts that the Plaintiff is liable to pay the remainder of the sales amount of KRW 290 million and damages for delay.

According to the overall purport of evidence Nos. 1, 2, 3, 7, and 8, the Plaintiff and the Defendant, May 23, 2017, based on the following: (a) the Plaintiff and the Defendant agreed to transfer the shares of Co., Ltd. C (hereinafter “C”) owned by the Plaintiff on May 23, 2017; (b) the business rights of the transmitting branch of the said company; and (c) the entire vehicle to the Defendant at KRW 2.1 billion in the purchase price.

A. The Plaintiff entered into a contract. The Plaintiff transferred the passbook, seal imprint, and power of attorney to the Defendant following the conclusion of the contract, so that the Defendant could use the revenue of the above invoice. After which, on August 23, 2018, F, the Defendant’s personal seal, was appointed as the manager of the above invoice branch on August 30, 2018, and F, on August 31, 2018, issued the C’s business registration certificate with F as its representative on August 31, 2018, and it can be recognized that F, as the representative director of C’s office.

In addition, the Plaintiff received the total of KRW 1.81 million from the Defendant as the purchase price, including KRW 1.5 million on May 23, 2017, KRW 350 million on May 31, 2017, KRW 1.1 billion on June 30, 2017, KRW 1.1 billion on July 5, 2017, KRW 1.81 million on August 1, 2017.

On the other hand, each entry of the evidence Nos. 1 and 7 does not interfere with the defendant's finding that the defendant is a party to the contract of this case.

Therefore, barring any special circumstance, the Defendant, as a transferee under the instant transfer agreement, is obligated to perform the obligation of the Defendant from September 1, 2018, as sought by the Plaintiff, as the transferor, to the Plaintiff.

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