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(영문) 부산지방법원 2016.04.28 2015가단50398
추심금
Text

1. The Defendant’s KRW 54,00,000 as well as 5% per annum from May 29, 2015 to April 28, 2016 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. 1) C around June 2012, 2012: D (The registration of the business was made in the name of father E)

(2) The shopping mall F (hereinafter referred to as the “instant shopping mall”)

(2) In order to accept KRW 150,000,000,000,000 for the payment of the down payment, the payment of KRW 30,000 shall be made up until June 26, 2012, and the balance of KRW 91,00,000 shall be paid after the last day of every 13 months. C paid KRW 30,000 as the down payment on June 26, 2012, and KRW 30,000 as the intermediate payment on July 13, 2012, and registered the business of the shopping mall in the name of G who is an employee of C, and thereafter C received KRW 90,000,000 from the Defendant’s shopping mall to make up for the total amount of KRW 30,000 for the payment of the purchase proceeds of the instant case (hereinafter “the purchase proceeds of the instant case”).

3) Around that time, D, C, and the Defendant paid the balance of the shopping mall acceptance directly to E. The Defendant paid KRW 36 million to D through several occasions from March 22, 2013 to November 28, 2014. [Grounds for recognition] Following the fact that there is no dispute, the statement of KRW 1, Eul, and evidence Nos. 1, 5, and 6, witness D’s testimony, and the purport of the whole pleadings, as a whole, C has a claim for the transfer price of shopping mall transfer to the Defendant (= KRW 90 million) - the Defendant paid KRW 36 million to D under the third party’s agreement - The Plaintiff, on April 29, 2015, at the Busan District Court’s claim for the transfer price to KRW 30,000,000,000,000,0000,0000 to KRW 36,000,0000,000,000.

d. ...

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