1. The Defendant shall pay to the Plaintiff KRW 500,00,000 and the interest rate of KRW 15% per annum from May 26, 2017 to the date of full payment.

Basic Facts

The Plaintiff and the Defendant are dentists.

On December 13, 2013, the Plaintiff transferred 700,000,000 won the “Dental clinic” (hereinafter “instant clinic”) operated on the 7th floor of Seocho-gu Seoul Metropolitan Government C building to the Defendant, and entered into a contract under which the down payment of KRW 100,000,000 on the date of the contract and the remainder of KRW 600,000 on the deposit date after transfer and takeover (hereinafter “instant contract”), and received KRW 100,000,000 from the Defendant on the same day.

On December 30, 2013, the Defendant borrowed KRW 400,000,00 from a corporate bank.

The instant member was changed from the name of the Defendant to the name of the Plaintiff.

[Ground] Fact-finding without dispute, Gap evidence Nos. 1-2, Eul evidence Nos. 5, and Eul evidence Nos. 5, 9, and all of the arguments, barring any special circumstance, the defendant is obligated to pay the plaintiff the unpaid transfer price under the contract of this case to the plaintiff, and the plaintiff is obligated to pay the plaintiff the unpaid transfer price of 100,000,000 won out of the balance from the defendant. Thus, the defendant is obligated to pay the plaintiff the unpaid transfer price of 500,000,000 (70,000,000 - contract deposit of 100,000,000,000 - the remainder payment of 10,000,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 26, 2017 to the day of full payment.

The defendant's assertion argues that the defendant merely concluded the contract of this case with the plaintiff et al. for the purpose of jointly operating the plaintiff et al. as well as the member of this case for the purpose of receiving a loan for investment, and it does not receive a transfer from the plaintiff. Thus, the plaintiff's claim based on the contract of this case cannot be complied with.

To the extent that a disposal document is deemed to be authentic, the court shall enter the document in its entirety.